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BROWN v. SULLIVAN

No. 89-2699.

932 F.2d 1243 (1991)

Jack E. BROWN, Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1991.

Attorney(s) appearing for the Case

Mason J. Ouderkirk, Indianola, Iowa, for appellant.

Richard L. Richards, Des Moines, Iowa, for appellee.

Before J. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and MAGNUSON, District Judge.

HEANEY, Senior Circuit Judge.

Jack E. Brown appeals from the order of the district court dismissing his complaint for lack of subject matter jurisdiction. Brown seeks review of a decision of the Secretary of Health and Human Services (Secretary) applying administrative res judicata to dismiss Brown's second application for social security disability insurance benefits and refusing to reopen Brown's first application. We reverse and remand.

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