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NEWTON v. COM'R SOCIAL SEC.

No. 19-1961.

983 F.3d 643 (2020)

Floyd Douglas NEWTON, Appellant v. COMMISSIONER SOCIAL SECURITY.

United States Court of Appeals, Third Circuit.

Opinion filed: December 22, 2020.

Attorney(s) appearing for the Case

Roger D. Moore , Rehm, Bennett, Moore, Rehm & Ockander, 9202 West Dodge Road, Suite 203, Omaha, NE 68116, Counsel for Appellant.

Eda Giusti , Social Security Administration, Office of General Counsel SSA/OGC/Region III, 300 Spring Garden Street, 6th Floor, P.O. Box 41777, Philadelphia, PA 19123, Alisa B. Klein , Sushma Soni , United States Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Counsel for Appellee.

Before: RESTREPO, ROTH and FISHER, Circuit Judges.

OPINION

I.

This case requires us to determine whether a National Guard dual status technician's pension is "based wholly on service as a member of a uniformed service" under 42 U.S.C. § 415(a)(7)(A). We will affirm the order of the District Court, holding that it is not.

II.

A dual...

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