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PAGTER v. MASSANARI

No. 99-16619.

250 F.3d 1255 (2001)

Charles R. PAGTER, Plaintiff-Appellant, v. Larry G. MASSANARI, Acting Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2001.

Attorney(s) appearing for the Case

Richard A. Derevan and Athena Roussos, Snell & Wilmer L.L.P., Irvine, California; and Charles R. Pagter, pro se, Albany, California, for the plaintiff-appellant.

Geralyn A. Gulseth, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for the defendant-appellee.

Before: HARRY PREGERSON, FERDINAND F. FERNANDEZ, and SUSAN P. GRABER, Circuit Judges.

Argued and Submitted April 16, 2001 — Pasadena, California

GRABER, Circuit Judge:

Plaintiff Charles Pagter sought review in district court of a decision of the Social Security Administration (SSA) denying him "husbands' benefits" on his wife's Social Security account. We affirm, but remand to allow the SSA to take evidence concerning Plaintiff's contribution to his retirement annuity.

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