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FINKELSTEIN v. BOWEN

No. 88-5318.

869 F.2d 215 (1989)

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

United States Court of Appeals, Third Circuit.

Decided March 3, 1989.

As Amended May 19, 1989.

Rehearing and Rehearing Denied May 24, 1989.

Attorney(s) appearing for the Case

Donald M. Harris (argued), U.S. Atty's. Office, Newark, N.J., for appellant.

John E. Biggiani (argued), Gelman & Gelman, Elmwood Park, N.J., for appellee.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 24, 1989.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

The Secretary of Health and Human Services (Secretary) appeals an order of the United States District Court for the District of New Jersey. The district court had remanded this action for widow's disability benefits under the Social Security Act to the Secretary for consideration of the applicant's residual functional capacity. That order is not final...

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