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BARRS v. SULLIVAN

No. 89-1913 Summary Calendar.

906 F.2d 120 (1990)

Lester Ray BARRS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 12, 1990.

Attorney(s) appearing for the Case

Mary Ellen Felps, Austin, Tex., for plaintiff-appellant.

Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., Etzion Brand, Office of General Counsel, Social Security Div., Baltimore, Md., Helen M. Eversberg, U.S. Atty., Austin, Tex., for defendant-appellee.

Before HIGGINBOTHAM, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:

We review here for abuse of discretion the district court's refusal to reinstate this action following its dismissal. Finding no error, we affirm.

I.

On August 7, 1987, the Appeals Council of the Social Security Administration sent a notice to plaintiff Lester Barrs informing him of the denial of his request for review of the Administrative Law Judge's (ALJ's) decision in Barrs's case. The notice also stated that, if Barrs desired a review...

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