Unempl.ins.rep. (cch) P 15084b, 95 Cal. Daily Op.ser v. 6293,95 Daily Journal D.a.r. 10,700harold Atkins, Plaintiff-appellant, v. Donna E. Shalala, Secretary of Health & Human Services,defendant-appellee, 61 F.3d 751 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 61 F.3d 751 (9th Cir. 1995) Argued and Submitted July 14, 1995. Decided Aug. 9, 1995. Rehearing Denied Nov. 22, 1995

Ralph Wilborn, Eugene, OR, for plaintiff-appellant.

Richard H. Wetmore, Asst. Regional Counsel, Dept. of Health & Human Services, Seattle, WA, for defendant-appellee.

Appeal from the United States District Court for the District of Oregon; Helen J. Frye, District Judge, Presiding.

Before: HUG, and FERGUSON, Circuit Judges, and SCHWARZER,*  District Judge.


We determine that the opinion of the district court, Atkins v. Shalala, 837 F. Supp. 318 (D. Or. 1993), is correct in all aspects and it is adopted as the opinion of this Court.

The Judgment of the district court is affirmed.



Honorable William A. Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation