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TORRES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-1656.

845 F.2d 1136 (1988)

Jose A. TORRES, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 6, 1988.

Attorney(s) appearing for the Case

Aurelio Saliva Mattei, Ponce, P.R., on brief, for plaintiff, appellant.

Donald H. Romano, Office of the Gen. Counsel, Social Sec. Div., Dept. of Health and Human Services, Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, and A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., on brief, for defendant, appellee.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.

PER CURIAM.

Jose A. Torres brought this action challenging the decision of the Secretary of Health and Human Services denying him social security disability benefits. The district court granted the Secretary's motion to dismiss, stating that it lacked subject matter jurisdiction1 to review an agency decision not to reopen, on administrative res judicata grounds, a prior final decision. The merits of Torres' disability claim is not before...

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