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AINSWORTH v. FINCH

No. 25842.

437 F.2d 446 (1971)

Willie L. AINSWORTH, Plaintiff-Appellant, v. Robert FINCH, Secretary of Health, Education and Welfare of the United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 2, 1971.

Attorney(s) appearing for the Case

Bertram L. Potter, of Potter, Creim & Rogers, Pasadena, Cal., for plaintiff-appellant.

Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Chief, Civ. Div., Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee.

Before BROWNING, HUFSTEDLER, and TRASK, Circuit Judges.

PER CURIAM:

Appellant instituted this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of the Secretary's final decision disallowing appellant's claim for a period of disability and disability insurance benefits under sections 216(i) and 223 of the Act, as amended, 42 U.S.C. §§ 416(i) and 423. The district court entered summary judgment for the Secretary.

While we are not to try the claim de novo,...

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