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CLEATON v. SECRETARY, DEPT. OF H.H.S.

Nos. 86-1581, 86-1591 and 86-3054.

815 F.2d 295 (1987)

Everett M. CLEATON, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. Milton L. GWALTNEY, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. Henry V. TAYLOR, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1987.

Rehearing Denied May 27, 1987.

Attorney(s) appearing for the Case

Charles Henry Cuthbert, Jr., Petersburg, Va., on brief, for appellants.

Deborah Fitzgerald, Asst. Regional Counsel (Beverly Dennis, III, Chief Counsel, Region III; Charlotte Hardnett, Supervisory Asst., Regional Counsel; Philadelphia, Pa., Henry E. Hudson, U.S. Atty., Alexandria, Va., Debra J. Prillaman, Asst. U.S. Atty., G. Wingate Grant, Asst. U.S. Atty., Richmond, Va., on brief), for appellee.

Before WIDENER and SPROUSE, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

SPROUSE, Circuit Judge:

Everett M. Cleaton, Milton L. Gwaltney and Henry V. Taylor each appeals the district court's holding that due to administrative res judicata it lacked jurisdiction to review the merits of his claim against the Secretary of Health and Human Services for social security disability benefits.1 We consider each case separately and affirm the holdings in Gwaltney's and Taylor's cases, but reverse the dismissal...

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