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MARCUS v. U.S.

No. 90-5049.

909 F.2d 1470 (1990)

Gilbert L. MARCUS, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 30, 1990.

Attorney(s) appearing for the Case

Gilbert L. Marcus, pro se.

Steven J. Gillingham, Dept. of Justice, Washington, D.C., for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director, of counsel were Donald A. Gonya, Chief Counsel, Office of the Gen. Counsel, Social Sec. Admin., A. George Lowe, Deputy Chief Counsel and Robert Crowe.

Before NIES, Chief Judge, BENNETT, Senior Circuit Judge, and BREWSTER, Judge.

NIES, Chief Judge.

Gilbert L. Marcus appeals from the Claims Court's order, Marcus v. United States, No. 688-89 C (December 20, 1989) (Bruggink, J.), dismissing his claim for lack of jurisdiction. Although entitled a "Writ of Habeas Corpus Ad Respondum", appellant seeks a reversal of the decision by the Commissioner of Social Security denying an award of social security disability benefits. Construing appellant's pleading in a light most favorable to him, that...

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