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KELBACH v. HARRIS

No. 79-2085.

634 F.2d 1304 (1980)

Walter B. KELBACH, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Howard P. Johnson, Salt Lake City, Utah, for plaintiff-appellant.

Lawrence J. Leigh, Asst. U. S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U. S. Atty., and James R. Holbrook, Asst. U. S. Atty., D. Utah, Salt Lake City, Utah, on the brief), for defendant-appellee.

Before SETH, Chief Judge, and BREITENSTEIN and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Walter B. Kelbach (Kelbach) appeals from the final order of the District Court confirming the findings, Report and Recommendation of the Magistrate, who, in turn, confirmed the decision of the Administrative Law Judge denying Kelbach's application with the Secretary of Health, Education and Welfare for Social Security Disability Insurance benefits pursuant to 42 U.S.C. §§ 416(i)(1)(A) and 423(d)(1)(A). Our jurisdiction vests by virtue...

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