SAMPLE v. SCHWEIKER

No. 81-5299.

694 F.2d 639 (1982)

James SAMPLE, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Alan M. Schiffman, Phoenix, Ariz., for plaintiff-appellant.

Karin Kirksey Zander, Asst. U.S. Atty., Phoeniz, Ariz., for defendant-appellee.

Before KENNEDY and NORRIS, Circuit Judges, and McNICHOLS, District Judge.


ROBERT J. McNICHOLS, District Judge:

Appellant filed for disability benefits under both Title II and Title XVI of the Social Security Act on September 9, 1975. After initial adverse agency determination, a hearing was held on January 18, 1977 which resulted in a finding of no disability. Upon exhaustion of administrative appeal, suit was initiated in district court. The trial court, having heard argument on the government's Motion for Summary Judgment and the claimant...

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