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FRANKENFIELD v. BOWEN

No. 88-3327.

861 F.2d 405 (1988)

Ernest FRANKENFIELD, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Karl E. Osterhout (argued), Robert N. Peirce, Jr. & Associates, Pittsburgh, Pa., for appellant.

J. Alan Johnson, U.S. Atty., Amy Reynolds Hay, Asst. U.S. Atty., W.D.Pa., Beverly Dennis, III, Chief Counsel, Region III, Charlotte Hardnett, Chief, Social Security Litigation Div., James A. Winn (argued), Asst. Regional Counsel, Dept. of Health and Human Services, Philadelphia, Pa., for appellee.

Before GIBBONS, Chief Judge, SEITZ, Circuit Judge and POLLAK, District Judge.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Ernest Frankenfield appeals from a summary judgment in favor of the Secretary of Health and Human Services in Frankenfield's action, pursuant to 42 U.S.C. § 405(g) (1982 & Supp. IV 1986), for review of an administrative decision denying his request for disability benefits commencing as of July of 1985. Frankenfield contends that the case should be remanded to the agency for further proceedings because the...

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