Unpublished Disposition, 875 F.2d 318 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 875 F.2d 318 (9th Cir. 1989)

Arnulfo ARMENTA, Plaintiff-Appellant,v.Otis R. BOWEN, Secretary of Health and Human Services,Defendant-Appellee.

No. 87-6171.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 4, 1989.Decided May 11, 1989.

Before SNEED, REINHARDT and BRUNETTI, Circuit Judges.


At the appellant's request, we remand in light of Papazian v. Bowen, 856 F.2d 1455 (9th Cir. 1988). On remand the district court should direct the Secretary to file the additional modified findings of fact, decision and papers required by 42 U.S.C. § 405(g). When this has been done, the district court should enter a final judgment, and Armenta's attorney may reapply for fees in accordance with 28 U.S.C. § 2412(d) (1) (B).

We express no opinion on the issue of the finality of the Secretary's post-remand judgment, or on the merits of the fee application.

This panel retains jurisdiction of this case for future proceedings of the appellant's attorney fee application.