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BENITEZ v. CALIFANO

No. 76-1766.

573 F.2d 653 (1978)

Raul BENITEZ, Plaintiff-Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education & Welfare, United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 20, 1978.

Attorney(s) appearing for the Case

Eugene G. Schuster, of Critchlow, Williams, Ryals & Schuster, Richland, Wash., for plaintiff-appellant.

Dean C. Smith, U. S. Atty., Spokane, Wash., for defendant-appellee.

Before CHAMBERS and KENNEDY, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Raul Benitez has appealed from a judgment affirming the decision of the Secretary of Health, Education and Welfare denying appellant's claim for social security disability benefits. Following a hearing, an administrative law judge concluded that appellant was "not entitled to either a period of disability or disability insurance benefits under sections 216(i) and 223(a) respectively, of the Social Security Act, as amended".

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