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SPRAGENS v. SHALALA

No. 93-8067.

36 F.3d 947 (1994)

Paul E. SPRAGENS, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1994.

Attorney(s) appearing for the Case

Anthony T. Wendtland of Burgess, Davis & Cannon, Sheridan, WY (John M. Burman, Attorney, University of Wyoming, Legal Services Program, Laramie, WY, with him on the brief), for plaintiff-appellee.

Alfred R. Mollin, Attorney (Frank W. Hunger, Asst. Atty. Gen., Richard A. Stacy, U.S. Atty., and William Kanter, Attorney; with him on the brief), U.S. Dept. of Justice, Civ. Div., Washington, DC, for defendant-appellant.

Before MOORE, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ROSZKOWSKI, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

This is a Social Security case involving a constitutional challenge to a federal statute and administrative regulations promulgated pursuant thereto.

Paul E. Spragens suffers from arthrogryposis1 and because of that condition he has received for many years disability and disability insurance benefits under the Social Security Act. 42 U.S.C. §§ 401-33 (1988 & Supp.1992). Following...

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