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FERGUSON v. SULLIVAN

No. C-C-86-349-M.

718 F.Supp. 1269 (1989)

Zebulon FERGUSON, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

August 23, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Bishop, Casey, Bishop, Alexander & Murphy, P.A., Charlotte, N.C., for plaintiff.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

Plaintiff Zebulon Ferguson alleges that the refusal of the Secretary of Health and Human Services to reopen Ferguson's prior unsuccessful applications filed in 1980 for disability insurance benefits ("DIB") and supplemental security income ("SSI") is a violation of the due process clause of the Fifth Amendment. Because the court concludes that plaintiff has demonstrated...

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