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HARPER v. BOWEN

No. 88-3038.

854 F.2d 678 (1988)

Roy HARPER, Jr., Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1988.

Attorney(s) appearing for the Case

Deborah Fitzgerald, Asst. Regional Counsel (Beverly Dennis, III, Chief Counsel, Philadelphia, Pa.; Charlotte Hardnett, Chief, Social Sec. Litigation Div.; Office of the General Counsel, Dept. of Health and Human Services, Washington, D.C.; Henry E. Hudson, U.S. Atty., Alexandria, Va.; Raymond A. Jackson, Asst. U.S. Atty., Norfolk, Va., on brief) for defendant-appellant.

Leonard David Lindauer, Sr., Portsmouth, Va., for plaintiff-appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and NIEMEYER, United States District Judge for the District of Maryland, sitting by designation.

HARRISON L. WINTER, Chief Judge:

Secretary of Health and Human Services Otis R. Bowen (the Secretary) appeals a district court order remanding the social security disability claim of Roy Harper, Jr., for further proceedings. We conclude that the district court's remand order is not a final order within the meaning of 28 U.S.C. § 1291 from which the Secretary may appeal. We therefore dismiss this appeal for lack of jurisdiction.

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