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BANKS v. SHALALA

No. 94-1653.

43 F.3d 11 (1994)

John BANKS, Plaintiff, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Ellen N. Wallace and Sarah F. Anderson, Boston, MA, on brief, for appellant.

Donald K. Stern, U.S. Atty., Charlene Stawicki, Asst. U.S. Atty., and Robert M. Peckrill, Asst. Regional Counsel, Dept. of Health and Human Services, Boston, MA, on brief, for appellee.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

PER CURIAM.

Plaintiff-appellant John Banks has appealed from the district court's order affirming the Secretary's denial of Social Security disability benefits. Because the district court issued its affirmance before affording Banks an opportunity to submit argument explaining his objections to the Secretary's determination, we remand this case to the district court for further proceedings.

Banks applied for disability benefits on January 15, 1991, alleging...

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