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VIDAL v. HARRIS

No. 78-1547.

637 F.2d 710 (1981)

Audon VIDAL, Jr., Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Roy F. Malahowski, Bakersfield, Cal., for plaintiff-appellant.

James E. White, Fresno, Cal., on brief; Dennis J. Mulshine, San Francisco, Cal., argued for defendant-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and ORRICK, District Judge.

ORRICK, District Judge.

The two major questions raised by appellant, Audon Vidal, Jr., in his appeal from the district court's judgment granting the motion for summary judgment of the Secretary of Health and Human Services1 (the "Secretary"), denying him disability benefits, and denying his motion for summary judgment are: (1) that the findings of the Secretary that he is not disabled for purposes of receiving benefits is not supported...

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