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RHINEHART v. FINCH

No. 25209.

438 F.2d 920 (1971)

Donald M. RHINEHART, Plaintiff-Appellant, v. Robert H. FINCH, etc. (Wilbur J. Cohen, Secretary of Health, Education and Welfare), Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 25, 1971.

Attorney(s) appearing for the Case

Allen, McClennen & Fels, Phoenix, Ariz., for plaintiff-appellant.

Richard K. Burke, U. S. Atty., Richard C. Gormley, Asst. U. S. Atty., Phoenix, Ariz., for defendant-appellee.

Before BROWNING, HUFSTEDLER and TRASK, Circuit Judges.

PER CURIAM:

Acting pursuant to 42 U.S.C. § 405 (g), Donald M. Rhinehart commenced this action in the district court to review a final decision of the Secretary of Health, Education and Welfare. That decision found that Rhinehart's period of disability had ceased under the particular application filed and that he was no longer entitled to disability insurance benefits under 42 U.S.C. §§ 416(i), 423 (a). Upon motions for summary judgment filed by both...

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