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GREENHOW v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 87-2587.

863 F.2d 633 (1988)

Tommy V. GREENHOW, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1988.

As Amended on Denial of Rehearing December 5, 1988.

Attorney(s) appearing for the Case

Phillip N. Bruce, Sacramento, Cal., for plaintiff-appellant.

Michael R. Power, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before WIGGINS, BRUNETTI and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider two principal issues in this appeal: first, the extent to which, in matters submitted to a magistrate, a litigant's failure to present his contentions either to the magistrate or the district court will bar him from raising those contentions on appeal; and second, whether the conclusion of the Secretary of Health and Human Services that appellant was an employee within the meaning of Title II of the Social Security Act, 42 U.S...

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