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ROBERTS v. SHALALA

Civ. A. No. 93-298-2-MAC(CWH).

848 F.Supp. 1008 (1994)

Martha L. ROBERTS, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, M.D. Georgia, Macon Division.

April 7, 1994.

Attorney(s) appearing for the Case

Stephanie Hooks Tinkey, Macon, GA, for plaintiff.

U.S. Atty. James L. Wiggins and Asst. U.S. Atty. Frank L. Butler, III, Macon, GA, for defendant.

ORDER

HICKS, United States Magistrate Judge.

The above-captioned matter is before the court on the motion of the SECRETARY OF HEALTH AND HUMAN SERVICES seeking a dismissal of plaintiff's social security appeal on grounds that it was submitted for filing outside the sixty day period following notification of her decision adverse to plaintiff.1 Because of the taking of evidence and of the use of affidavits herein by both...

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