OpenJurist

876 F2d 897 Luther v. Secretary of Health & Human Services

876 F.2d 897

Unpublished Disposition

Everett L. LUTHER, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

No. 88-15171.

2

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 11, 1989.
Decided June 6, 1989.

3

E.D.Cal.

4

AFFIRMED.

5

Appeal from the United States District Court for the Eastern District of California; Esther Mix, Magistrate, Presiding.

6

Before WALLACE and NOONAN, Circuit Judges, and THOMAS ZILLY,* District Judge.

ORDER

7

The issue before us is whether the district court correctly upheld the final decision of the Secretary that Luther was not entitled to disability benefit payments under the Social Security Act, 42 U.S.C. Sec. 401 et seq., because the final decision of the Secretary was supported by substantial evidence and was not legally erroneous. We affirm and adopt the opinion of the magistrate dated July 25, 1988.

*

Honorable Thomas Zilly, United States District Judge, Western District of Washington, sitting by designation