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PARFAIT v. BOWEN

No. 86-3145. Summary Calendar.

803 F.2d 810 (1986)

Abraham L. PARFAIT, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary, Department of Health and Human Resources, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1986.

Attorney(s) appearing for the Case

Robert B. Keaty, Kerry E. Shields, New Orleans, La., William N. Gee, III, Lafayette, La., for plaintiff-appellant.

John Volz, U.S. Atty., Nancy A. Nungesser, Asst. U.S. Atty., New Orleans, La., Joseph B. Liken, Dallas, Tex., for defendant-appellee.

Before GEE, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

The appellant, Abraham Parfait, appeals from the district court's grant of summary judgment in favor of the Secretary of Health and Human Services, affirming the Secretary's finding that Parfait is not disabled within the meaning of the Social Security Act. Because Parfait's appeal is based on a magistrate's factual findings that he did not contest below, his appeal is barred by Nettles v. Wainwright, and the judgment of the district court is affirmed...

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