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TORSKE v. RICHARDSON

No. 71-2056.

484 F.2d 59 (1973)

Clara A. TORSKE, Plaintiff-Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education, and Welfare, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1973.

Attorney(s) appearing for the Case

Robert M. Feinson (argued), L. Patrick Gray, III, Asst. Atty. Gen., Harlington Wood, Jr., Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Vinita Jo Neal, Asst. U. S. Atty., Portland, Ore., Kathryn H. Baldwin, Atty. Michael H. Stein, Dept. of Justice, Washington, D. C., for defendant-appellant.

John S. Marandas (no appearance), Lee M. Zittenfield, Lekas, Dicey & Marandas, Portland, Ore., for plaintiff-appellee.

Before BROWNING and CHOY, Circuit Judges, and KING, District Judge.

PER CURIAM:

The Secretary appeals from an order of the district court granting Mrs. Torske disability benefits under the Social Security Act. We reverse.

There is substantial evidence in the record to support the hearing examiner's conclusion that Mrs. Torske could do light work notwithstanding the limitations on the use of her right arm, and that such work existed in the region in which Mrs. Torske lived. In such circumstances, or even if the evidence on...

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