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BYINGTON v. CHATER

Nos. 94-35531, 94-35546.

76 F.3d 246 (1996)

Donel BYINGTON, Plaintiff-Appellee-Cross-Appellant, v. Shirley S. CHATER, Commissioner, Social Security Administration, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Decided October 24, 1995.

Order and Opinion Filed February 9, 1996.

Attorney(s) appearing for the Case

Kenneth Isserlis, Spokane, Washington, for plaintiff-appellee-cross-appellant.

Richard H. Wetmore, Department of Health and Human Services, Seattle, Washington, for defendant-appellant-cross-appellee.

Before: ALARCON and CANBY, Circuit Judges, and FITZGERALD, District Judge.

ORDER

The memorandum disposition filed October 24, 1995, is redesignated as an authored opinion.

OPINION

FITZGERALD, District Judge:

The Secretary of Health and Human Services appeals the district court's grant of summary judgment for Donel Byington reversing the final decision of the Secretary denying Byington's application for Social Security disability benefits. Byington cross-appeals the district court's determination that he was engaged...

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