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McGINNIS v. SHALALA

Nos. 92-3269, 92-3568 Summary Calendars.

2 F.3d 548 (1993)

Roy McGINNIS, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee. Peggy MUSMECI, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing En Banc Denied September 15, 1993.

Attorney(s) appearing for the Case

Harry Edward Forst, New Orleans, LA, for plaintiff-appellant.

Glenn Kenneth Schreiber, Asst. U.S. Atty., Harry Rosenberg, U.S. Atty., New Orleans, LA, Joseph Liken, Office of Gen. Counsel, Dept. of Health and Human Services, Dallas, TX, for defendant-appellee.

Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Roy McGinnis (McGinnis), appellant in No. 92-3269, and Peggy Musmeci (Musmeci), appellant in No. 92-3568, both filed suit against the Secretary of Health and Human Services (the Secretary) seeking judicial review of his denial of their claims for disability benefits. In each case, the district court dismissed the action under Federal Rule of Civil Procedure 4(j) for failure to effect service of process within 120 days of the filing of the complaint. The...

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