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DAY v. WEINBERGER

No. 74-1878.

522 F.2d 1154 (1975)

Alexandria S. DAY, Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Ninth Circuit.

September 17, 1975.

Attorney(s) appearing for the Case

Arthur L. Johnson, San Jose, Cal., for appellant.

James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellee.

Before DUNIWAY, ELY and WRIGHT, Circuit Judges.

OPINION

ELY, Circuit Judge:

In 1969, Day filed an application with the Department of Health, Education & Welfare (HEW) for determination of a disability and for disability insurance benefits under 42 U.S.C. §§ 416, 423. After a hearing, Day's application was denied by a Hearing Examiner. The HEW Appeals Council affirmed the examiner's decision, and the decision thereby became administratively final. Day then instituted suit in the District...

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