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SWENSON v. SULLIVAN

No. 88-4032.

876 F.2d 683 (1989)

Donna J. SWENSON, Widow of Herman J. Swenson, Plaintiff-Appellant, v. Louis W. SULLIVAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 8, 1989.

Resubmitted March 29, 1989.

Memorandum April 10, 1989.

Order and Opinion May 23, 1989.

Attorney(s) appearing for the Case

Robert P. Stephens, Spokane, Wash., for plaintiff-appellant.

Richard H. Wetmore, Asst. Regional Counsel, DSHS, Seattle, Wash., for defendant-appellee.

Before WRIGHT, SNEED and ALARCON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Donna J. Swenson appeals from the district court's grant of summary judgment for the Secretary of Health and Human Services upholding a denial of the application of her deceased husband, Herman W. Swenson, for disability insurance benefits for a period from October 16, 1979 to April 13, 1983. Following our remand in 1984, the Secretary determined that Swenson became disabled on April 13, 1983, his 55th birthday. Mrs. Swenson contends...

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