Legal Opinion

Erie CROWDER, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant

Court of Appeals for the Seventh Circuit

Decided March 5, 1990No. 89-2681PublishedCited by 11 opinions

1Per curiam

The general rule is that a judgment by a district court remanding a case to an administrative agency is nonfinal and hence nonappealable, 28 U.S.C. § 1291, unless all that remains to be done on remand is a mechanical or otherwise “ministerial” task, requiring no judgment or discretion. In re Riggsby, 745 F.2d 1153, 1156 (7th Cir.1984). We asked the parties to brief the question whether this rule requires us to dismiss the appeal. The plaintiff, Mrs. Crowder, had sought disability benefits under the Social Security Act, had been turned down by the Social Security Administration on the basis of…

2Cases cited4 opinions

  1. United States v. RyanSupreme Court of the United States · 1971
  2. Occidental Petroleum Corporation v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1989
  3. Daviess County Hospital v. Otis R. Bowen, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1987
  4. Marilyn FINKELSTEIN, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, AppellantCourt of Appeals for the Third Circuit · 1989

3Cited by11 opinions

  1. Morris TRAVIS, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1993
  2. Edward L. Richardson v. Chuck Penfold and Edward DyerCourt of Appeals for the Seventh Circuit · 1990
  3. Koyo Seiko Co., Ltd. And Koyo Corporation of U.S.A. v. The United States and the Timken CompanyCourt of Appeals for the Federal Circuit · 1996
  4. Central States, Southeast and Southwest Areas Pension Fund v. Express Freight Lines, Incorporated, Appeal of Christopher A. JansenCourt of Appeals for the Seventh Circuit · 1992
  5. Findley v. Blinken (In re Joint Eastern & Southern Districts Asbestos Litigation)Court of Appeals for the Seventh Circuit · 1994

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