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WEBB v. SCHWEIKER

No. 81-4256.

701 F.2d 81 (1983)

Sidney J. WEBB, Plaintiff-Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted July 23, 1982.

Decided March 7, 1983.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Robert S. Greenspan, Atty., Appellate Section, Dept. of Justice, Washington, D.C., for defendant-appellant.

Sidney J. Webb, pro se.

Before GOODWIN and ANDERSON, Circuit Judges, and JAMESON, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The Secretary of Health and Human Services ("Secretary") appeals a district court judgment finding Webb exempt from the husband's "pension offset" provision of the Social Security Act. Social Security Act § 202(c)(2)(A), 42 U.S.C. § 402(c)(2)(A). To avoid repeating the fact statement in the district court's reported opinion, Webb v. Harris, 509 F.Supp. 1091 (N.D.Cal.1981), only...

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