Drexel W. Biddle, Plaintiff-appellee, v. Margaret M. Heckler, Secretary of Health and Human Services,defendant-appellant, 721 F.2d 1321 (11th Cir. 1983)

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U.S. Court of Appeals for the Eleventh Circuit - 721 F.2d 1321 (11th Cir. 1983) Dec. 27, 1983

Henry L. Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., Andrew E. Wakshul, Joseph S. Friedman, Baltimore, Md., for defendant-appellant.

Bruce V. Durden, Lyons, Ga., Rudolph Patterson, Macon, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Georgia.

Before GODBOLD, Chief Judge, RONEY and TJOFLAT, Circuit Judges.


BY THE COURT:

The motion of appellee to dismiss the appeal is GRANTED, because the appeal is not from a final order. An order of the district court remanding the case to the Secretary for further consideration is generally not a final order. Barfield v. Weinberger, 485 F.2d 696, 698 (5th Cir. 1973); see Jordan v. Heckler, 721 F.2d 349 (11th Cir. 1983); Howell v. Schweiker, 699 F.2d 524, 526 (11th Cir. 1983); Hall v. Heckler, No. 83-7097 (11th Cir. filed May 23, 1983); Chastang v. Heckler, No. 82-7161 (11th Cir. July 7, 1982).

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