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NIETO v. HECKLER

No. 84-1356.

750 F.2d 59 (1984)

Maria B. NIETO, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 12, 1984.

Attorney(s) appearing for the Case

James C. Ellis, Albuquerque, N.M., for plaintiff-appellant.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., Ronald F. Ross, Asst. U.S. Atty., D. N.M., Walter E. McCabe, Atty., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before McKAY, LOGAN and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a), Tenth Circuit R. 10(e). The cause is therefore submitted without oral argument.

The issue in this case is whether the decision of the Secretary of Health and Human Services that the plaintiff is not disabled is supported...

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