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GILCRIST v. SCHWEIKER

No. 79-4590.

645 F.2d 818 (1981)

Merlin F. GILCRIST, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Norman R. McNulty, Jr., Spokane Legal Services Ctr., Spokane, Wash., for plaintiff-appellant.

Nancy Horgan, Asst. U. S. Atty., Spokane, Wash., argued, for defendant-appellee; Carroll D. Gray, Spokane, Wash., on brief.

Before CHOY and BOOCHEVER, Circuit Judges, and FRYE, District Judge.

PER CURIAM:

Appellant Gilcrist sought review in the district court of the Secretary's denial of his claim for disability benefits. Gilcrist claims that he became totally disabled as a result of back pain. The Administrative Law Judge (ALJ) reached his conclusion that disability was not established, in part on his personal observation that Gilcrist did not exhibit signs of long-time suffering such as drawn features, loss in weight and muscle atrophy, "as well as a...

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