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SHEEHAN v. SECRETARY OF HEALTH, ED. & WELFARE

No. 78-1217.

593 F.2d 323 (1979)

Tennille G. SHEEHAN, Appellee, v. SECRETARY OF HEALTH, EDUCATION & WELFARE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1979.

Rehearing Denied March 13, 1979.

Attorney(s) appearing for the Case

Andrew E. Wakshul, Atty., Office of General Counsel, Dept. of H. E. W., Social Security Div., Baltimore, Md. (argued), Ronald S. Reed, Jr., U. S. Atty., Judith M. Strong, Asst. U. S. Atty., Kansas City, Mo., and Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., on brief, for appellant.

Albert Copaken and Sylvia Copaken, Kansas City, Mo., argued and on brief, for appellee.

Before LAY and BRIGHT, Circuit Judges, and HARPER, District Judge.

LAY, Circuit Judge.

The Secretary of Health, Education and Welfare seeks review of an order of the federal district court awarding disability benefits to Tennille G. Sheehan under the Social Security Act, 42 U.S.C. § 423. The primary issue on appeal relates to the district court's jurisdiction to review the denial of an award by an administrative law judge and the subsequent dismissal of a petition for review by the Secretary under 42 U.S.C. § 405(g).

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