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SMART v. SHALALA

No. 92-3053.

9 F.3d 921 (1993)

Rowell Victor SMART, Plaintiff-Appellant, v. Donna SHALALA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 21, 1993.

Attorney(s) appearing for the Case

John P. Cunningham, St. Petersburg, FL, for plaintiff-appellant.

Tamra Phipps, Asst. U.S. Atty., Tampa, FL, Claire S. Hoffman, Office of the Gen. Counsel, Baltimore, MD, for defendant-appellee.

Before HATCHETT and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

This is an appeal from the district court's order affirming a final decision by the Secretary of Health and Human Services. The Secretary denied Social Security retirement benefits to a previously deported alien on the ground that, although he is now residing in the United States, he has not been lawfully admitted for permanent residence in the United States since his earlier deportation, a statutory prerequisite for a deportee to receive retirement benefits...

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