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LEVINER v. RICHARDSON

No. 14898.

443 F.2d 1338 (1971)

Owen C. LEVINER, Appellee, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1971.

Attorney(s) appearing for the Case

Raymond D. Battocchi, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., and Carl Eardley, Acting Asst. Atty. Gen., and Kathryn H. Baldwin, Atty., Dept. of Justice, and Joseph O. Rogers, Jr., U. S. Atty., on brief) for appellant.

James B. Stephen, Spartanburg, S. C., for appellee.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

In a series of decisions we have recognized the applicability of the doctrine of administrative res judicata to the Secretary's determination that various claimants are not entitled to Social Security disability benefits.1 In each of these cases the prior administrative determination, treated as a bar to later proceedings, was made after a hearing at the administrative level. In the instant case, we consider...

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