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ALBALOS v. SULLIVAN

No. 89-15334.

907 F.2d 871 (1990)

Leonard ALBALOS, Plaintiff-Appellant, v. Louis S. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed April 24, 1990.

Opinion July 3, 1990.

As Amended October 1, 1990.

Attorney(s) appearing for the Case

Carole F. Grossman and Gary F. Smith, Legal Services of Northern California, Woodland, Cal., for plaintiff-appellant.

Joseph Stein, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before SNEED, FARRIS and FERNANDEZ, Circuit Judges.

ORDER

The memorandum disposition filed April 24, 1990, is redesignated as a per curiam opinion.

OPINION

PER CURIAM:

Plaintiff, Leonard Albalos, appeals the district court's judgment for the Secretary of Health and Human Services ("Secretary"). The Secretary refused to waive a deduction overpayment because Albalos failed to show he was "without fault" in failing to file excess earnings reports. The Secretary also imposed a penalty upon Albalos...

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