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POHLMEYER v. SECRETARY OF HHS

No. 90-3639.

939 F.2d 318 (1991)

Nellie POHLMEYER, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 30, 1991.

Attorney(s) appearing for the Case

James Roy Williams (argued), Young & Reverman Co., Cincinnati, Ohio, for plaintiff-appellee.

Anne K. Kleinman (argued), Richard A. Urbin, Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, Ill., for defendant-appellant.

Before KENNEDY and JONES, Circuit Judges, and FORESTER, District Judge.

PER CURIAM.

The Secretary of Health and Human Services ("Secretary") appeals the District Court's judgment granting relief to the claimant Nellie Pohlmeyer pursuant to Pohlmeyer's motion under Federal Rule of Civil Procedure 60(b) to alter an earlier District Court decision. In the new judgment the District Court ordered the Secretary to recompute the amount of Pohlmeyer's disability benefits. The issue presented on appeal is whether the District Court had jurisdiction...

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