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HARPER BY HARPER v. BOWEN

No. 85-4896.

813 F.2d 737 (1987)

Michelle D. HARPER, a minor, by her mother and next friend, Easter HARPER, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1987.

Attorney(s) appearing for the Case

L. Paul Kossman, Kossman & Kossman, Cleveland, Miss., for plaintiff-appellant.

Gabriel E. DePass, Baltimore, Md., Robert Q. Whitwell, Thomas W. Dawson, Asst. U.S. Attys., Oxford, Miss., for defendant-appellee.

Before THORNBERRY, DAVIS and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

In this appeal Michelle Harper (Harper) challenges the district court's dismissal for lack of subject matter jurisdiction of her claim for disability benefits under the Social Security Act. The district court dismissed the case because Harper had failed to timely exhaust the available remedies under the Social Security Act and the applicable regulations. Because Harper did not obtain a final decision from the Social Security Administration...

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