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McLEOD v. ASTRUE

No. 09-35190.

640 F.3d 881 (2010)

Gene R. McLEOD, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2010.

Amended February 4, 2011.

Second Amendment May 19, 2011.

Attorney(s) appearing for the Case

Paul B. Eaglin , Eaglin Law Office, Fairbanks, AK, for the appellant.

Jennifer Randall , Special Assistant United States Attorney, Social Security Administration, Office of the General Counsel, Denver, CO, for the appellee.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

Appellee's petition for rehearing is granted in part and denied in part.

The opinion filed on December 16, 2010 and amended February 4, 2011 is amended as follows:

At 2207-8 of the amended slip opinion, strike the following two sentences:

The district court reviewing a Social Security determination "may at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon a showing that there is...

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