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BUCKNER v. HECKLER

No. 85-2052.

804 F.2d 258 (1986)

Evelyn BUCKNER, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1986.

Attorney(s) appearing for the Case

F.H. Conway, Danville, Va., for appellant.

James S. Feight, Jr., Asst. Regional Atty., Dept. of Health and Human Services (James C. Newman, Acting Regional Atty., Philadelphia, Pa., John P. Alderman, U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before ERVIN and WILKINSON, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

PER CURIAM:

Evelyn Buckner appeals the judgment of the United States District Court for the Western District of Virginia, dismissing her declaratory judgment action on the ground that it lacked jurisdiction due to her failure to exhaust administrative remedies. We agree with the district court that she must present her claim to the Secretary of Health and Human Services (Secretary) before seeking relief in a judicial forum. Accordingly, we affirm.

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