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PRESNELL v. HARRIS

Civ. No. 79-1151.

498 F.Supp. 324 (1980)

Albert N. PRESNELL, SSA 518-01-5558, Plaintiff, v. Patricia Roberts HARRIS, Secretary of Health, Education, and Welfare, Defendant.

United States District Court, D. Idaho.

July 9, 1980.

Attorney(s) appearing for the Case

Roderick D. Gere, Idaho Legal Aid Services, Inc., Boise, Idaho, for plaintiff.

Donald L. Harris, Asst. U. S. Atty., Boise, Idaho, for defendant.

MEMORANDUM DECISION

RAY McNICHOLS, Chief Judge.

This case is before the Court on a review of the decision of the defendant, the Secretary of Health, Education, and Welfare ("Secretary"), that plaintiff is not entitled to a period of disability and disability insurance benefits under Sections 216(i) and 223(d), respectively, of the Social Security Act, 42 U.S.C. §§ 416(i) and 423(d). The Secretary determined that plaintiff was not

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