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CHEE v. SCHWEIKER

No. CIV 82-693 PCT-VAC.

563 F.Supp. 1362 (1983)

Ben CHEE, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, D. Arizona.

June 7, 1983.

Attorney(s) appearing for the Case

DNA-People's Legal Services, Inc., Shiprock, N.M., DNA-People's Legal Services, Inc., Daniel Hester, Chinle, Ariz., for plaintiff.

A. Melvin McDonald, U.S. Atty., John R. Mayfield, Asst. U.S. Atty., Phoenix, Ariz., for defendant.

AMENDED OPINION AND ORDER

CORDOVA, District Judge.

On February 23, 1982 a final decision of the Secretary (defendant) was made terminating plaintiff's S.S.I. disability benefits. Plaintiff brought this action to have that decision reversed.

In keeping with the ruling in Finnegan v. Matthews, 641 F.2d 1340 (9th Cir.1981), plaintiff's undisputed status as a "grandfatheree" under 42 U.S.C. § 1382c(a)(3)...

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