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NEWTON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 94-35900.

70 F.3d 1114 (1995)

Erna E. NEWTON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1995.

Attorney(s) appearing for the Case

Jon R. Stouffer and Maureen E. Laflin, Legal Aid Clinic, University of Idaho College of Law, Moscow, Idaho, for plaintiff-appellant.

Craig J. Casey, Assistant United States Attorney, Portland, Oregon, and Richard H. Wetmore, Office of Regional Counsel, Social Security Administration, Seattle, Washington, for defendant-appellee.

Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges.

ORDER

Erna E. Newton appeals the judgment of the district court1 which upheld the decision of the Secretary of Health and Human Services that the Windfall Elimination Provision, 42 U.S.C. § 415(a)(7), applies to her. We affirm.

We have carefully reviewed the record and we affirm for the reasons set forth in the district court's published decision.2

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