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WARREN v. BOWEN

No. 85-2360.

817 F.2d 63 (1986)

Nadine WARREN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 1987.

Attorney(s) appearing for the Case

Legal Assistance for the Elderly, Brent Kato and Francine Zepeda, San Francisco, Cal., for plaintiff-appellant.

Department of Health and Human Services, Gregg A. Frampton, Asst. Regional Atty., San Francisco, Cal., for defendant-appellee.

Before WRIGHT, SNEED and KOZINSKI, Circuit Judges.

ORDER

The opinion in this case is amended by deleting the current language, beginning with "eliminate the presumption," Warren, 804 F.2d 1120, 1121 (9th Cir.1986); and replacing it with the following:

"codify the presumption that Patti created. See 42 U.S.C.A. § 1382c(a)(5) (1983 Supp.1986). We must now look to the statute and the regulations for guidance. These support the Secretary's position...

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