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McMILLIAN v. SCHWEIKER

No. 82-1247.

697 F.2d 215 (1983)

James E. McMILLIAN, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1983.

Attorney(s) appearing for the Case

Thomas E. Dittmeier, U.S. Atty., Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., for appellee; Paul P. Cacioppo, Regional Atty., Region VII, Dept. of Health and Human Services, D. Samuel Borin, Kansas City, Mo., of counsel.

John W. Reid, II, Robin E. Fulton, Schnapp, Graham & Reid, Fredericktown, Mo., for appellant.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

James E. McMillian seeks review of the district court's order affirming the final decision of the Secretary of Health and Human Services denying McMillian's claim for a period of disability and disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423 (1976). The Administrative Law Judge (ALJ) denied McMillian's claim and the Secretary affirmed this ruling. McMillian...

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