District Court, D. Arizona November 20, 1979, No. CIV 78-085-TUC-RMB (Lumsden v. Califano)

ORDER

BILBY, District Judge.

The defendant’s renewed Motion to Dismiss plaintiff’s Complaint raises a narrow question as to the constitutionality of the application of administrative res judicata. On April 30,1979, this Court, the Honorable Bruce Thompson presiding, heard argument on defendant’s first Motion to Dismiss for lack of jurisdiction.