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374 F.2d 110

Docket No. 16115.

McCunney v. Gardner

Third Circuit Court of Appeals

Argued February 7, 1967.

Decided February 24, 1967.

Third Circuit Court of Appeals · decided 1967-02-24

Cited by 10 later decisions — most recently January 1975

5 federal appellate · 2 district ·

2 counsel of record

Relies on Filice v. Celebrezze

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1967-02-24

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Martin J. Resnick, Philadelphia, Pa., for appellants.

Merna B. Marshall, Asst. U. S. Atty., Philadelphia, Pa. (Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, FORMAN and SMITH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

¶1

The appellant is an unsuccessful claimant of social security benefits for her children. The district court granted summary judgment denying the claimant judicial relief. The record shows that the claimant did not within the time required by law take the prescribed steps to obtain a full administrative hearing upon or review of the merits of her claim. Thereafter, the appellee's denial of a subsequent petition to reopen the matter was not an appealable order. Filice v. Celebrezze, 9th Cir., 1963, 319 F.2d 443. In the circumstances the courts cannot properly assist her.

¶2

The judgment will be affirmed.

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