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DAVIS v. APFEL

Docket No. 97-6243

145 F.3d 572 (1998)

Mark DAVIS, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

Christopher James Bowes, Center for Disability Advocacy Rights, Inc., New York City, for Plaintiff-Appellant.

Linda A. Riffkin, Assistant United States Attorney for the Southern District of New York, New York City, for Defendant-Appellee.

Before: WINTER, Chief Judge, McLAUGHLIN, Circuit Judge, and SHADUR, District Judge.

PER CURIAM:

Mark Davis appeals from Judge Scheindlin's grant of judgment on the pleadings for the Commissioner of Social Security ("Commissioner") and denial, on the ground that he had not established his asthma was a disability, of Davis's claim for disability insurance benefits. On appeal, Davis restates his arguments to the district court, namely that the proposed regulation that changed the Commissioner's definition of a disability due to asthma was not properly...

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