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AVENETTI v. BARNHART

No. 04-15813.

456 F.3d 1122 (2006)

William D. AVENETTI, Plaintiff-Appellant, v. Joanne B. BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2006.

Attorney(s) appearing for the Case

Mark Caldwell, Caldwell & Ober, P.L.L.C., Phoenix, AZ, for plaintiff-appellant William D. Avenetti.

Donna M. Montano, Assistant Regional Counsel, San Francisco, CA, for the defendant-appellee.

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.

WALLACE, Senior Circuit Judge:

Avenetti appeals from the summary judgment entered in favor of the Commissioner of the Social Security Administration (Commissioner). He challenges the district court's interpretation of the then-applicable Medical Listing 1.13, 20 C.F.R. Part 404, Subpt. P, App. 1 § 1.13 (1999) (Listing 1.13). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.1

I.

Avenetti served...

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