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STONE v. HECKLER

No. 84-3863.

778 F.2d 645 (1985)

Arthur G. STONE, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of the U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 16, 1985.

Attorney(s) appearing for the Case

Frank E. Hamilton, III, Tampa, Fla., for plaintiff-appellant.

Elyse S. Sharfman, U.S. Dept. of Health and Human Services, Atlanta, Ga., for defendant-appellee.

Before HILL, ANDERSON and GARZA, Circuit Judges.

ANDERSON, Circuit Judge:

Appellant Stone challenges the district court's dismissal of his claim for disability benefits under the Social Security Act. The district court dismissed the case because Stone's complaint was not timely filed under 42 U.S.C.A. § 405(g). Stone had moved the Appeals Council to extend the time guideline of § 405(g) for filing suit in district court. The Appeals Council denied Stone's third motion to extend time to file suit in district...

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