Legal Opinion
Marchant v. Califano
District Court, E.D. Arkansas
Decided February 13, 1979No. LR-C-77-335PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
ARNOLD, District Judge.
Pursuant to 42 U.S.C. § 405(g), plaintiff Winnifred Marchant filed suit for judicial review of the Secretary’s decision dismissing her third application for disability benefits. 1 The defendant filed a motion to dismiss the complaint on jurisdictional grounds, to wit, that the suit does not seek to review a “final decision of the Secretary made after a hearing,” a prerequisite to judicial review under 42 U.S.C. § 405(g) as interpreted in Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977).
The pertinent procedural facts with regard to…
2Cases cited6 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Cappadora v. CelebrezzeCourt of Appeals for the Second Circuit · 1966
- Arry Ortego v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1975
- Oscar W. Janka v. Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1978
- Matilde Matos v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1978
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3Cited by2 opinions
- Aida M. Rios v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1980
- Davidson v. CalifanoDistrict Court, E.D. Arkansas · 1979