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SHRADER v. HECKLER

No. 84-1175.

754 F.2d 142 (1985)

Claude Danny SHRADER, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1985.

Attorney(s) appearing for the Case

Michael F. Gibson, Princeton, W. Va. (Johnston, Holroyd & Gibson, Princeton, W. Va., on brief), for appellant.

Charlotte Hardnett, Washington, D.C. (Beverly Dennis, III, Regional Atty., Thomas A. Dougherty, Jr., Asst. Regional Atty., Philadelphia, Pa., John P. Alderman, U.S. Atty., Roanoke, Va., Jennie L. Montgomery, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Claude Danny Shrader first applied for social security disability benefits on February 10, 1977. After denying three previous applications, the Secretary denied the current application on the basis of administrative res judicata. Following the district court's refusal to review the Secretary's application of administrative res judicata on the authority of Califano v. Sanders, 430 U.S. 99

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