ROBERTSON v. BOWEN

No. 86-4330. Summary Calendar.

803 F.2d 808 (1986)

Hugh D. ROBERTSON, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 2, 1986.


Attorney(s) appearing for the Case

Will R. Ford, New Albany, Miss., for plaintiff-appellant.

Glen H. Davidson, U.S. Atty., Thomas W. Dawson, Robert Q. Whitwell, Oxford, Miss., Claire S. Hoffman, Atty., Office of Gen. Counsel, Dept. of HHS, Baltimore, Md., for defendant-appellee.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.


PER CURIAM.

Hugh D. Robertson appeals the dismissal of his application for social security disability benefits. His application sought to reopen a prior decision terminating benefits and sought payment of benefits anew. The Secretary of Health and Human Services declined to reopen the prior case and rejected the new application on res judicata grounds. On judicial review, the magistrate and district court were of the opinion that the court lacked subject matter...

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