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SYKES v. APFEL

No. 99-5755.

228 F.3d 259 (2000)

Clifton SYKES, Sr., Appellant, v. Kenneth S. APFEL, Commissioner of Social Security; Faith S. Hochberg, United States Attorney, District of New Jersey; The Honorable Janet Reno, Attorney General of the United States.

United States Court of Appeals, Third Circuit.

Filed September 18, 2000.

Attorney(s) appearing for the Case

Jon C. Dubin (argued), Professor of Law, The State University of New Jersey, Rutgers School of Law-Newark, Newark, NJ, for Appellant.

Robert J. Cleary, United States Attorney, Peter G. O'Malley, Assistant United States Attorney, Newark, NJ; Barbara I. Spivak, Chief Counsel-Region II, Stephen P. Conte (argued), Assistant Regional Counsel, Maria Fragassi Santangelo, Assistant Regional Counsel, Office of General Counsel, Social Security Administration, New York, NY, for Appellees.

Before: BECKER, Chief Judge, WEIS, and OAKES, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

In this appeal, Clifton Sykes, Sr. challenges the judgment of the District Court affirming the Social Security Administration's final decision denying him disability benefits. The case compels us to revisit the use of the medical-vocational guidelines in the regulations promulgated under the Social Security Act to establish that there are jobs in the national economy that

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