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NELSON v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 90-2074.

927 F.2d 1109 (1990)

James NELSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Publication Ordered March 7, 1991.

Attorney(s) appearing for the Case

Gary J. Martone, Albuquerque, N.M., for plaintiff-appellant.

William L. Lutz, U.S. Atty., Ronald F. Ross, Asst. U.S. Atty., Donald A. Gonya, Chief Counsel for Social Security; Randolph W. Gaines, Deputy Chief Counsel for Social Security; A. George Lowe, Deputy Chief Counsel for Social Security Disability Litigation; and Etzion Brand, Supervisory Trial Atty. for the Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before McKAY, MOORE, and BRORBY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

James Nelson appeals the district court's dismissal of his complaint requesting judicial review of the denial of his second claim for social security...

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