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WHALEY v. SCHWEIKER

No. 79-4210.

663 F.2d 871 (1981)

Hugh WHALEY, Plaintiff-Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Dennis J. Mulshine, San Francisco, argued, Robert V. Varnum, Atty. Gen., Stuart E. C., on brief, for defendant-appellant.

Darcie Reid, Fresno, Cal., for plaintiff-appellee.

Before HUG and TANG, Circuit Judges, and MURRAY, District Judge.

HUG, Circuit Judge:

The opinion of April 6, 1981, 650 F.2d 181 (9th Cir. 1981), is hereby withdrawn and the following opinion is substituted.

This case concerns the computation of benefits under the Social Security Act. The issue is whether increased pension benefits paid to a disabled veteran for the support of his minor children under the Veterans' Act constitute income to the veteran so as to disqualify him...

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