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BANKS v. SCHWEIKER

No. 80-3368.

654 F.2d 637 (1981)

Joe David BANKS, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1981.

Attorney(s) appearing for the Case

Donna R. Meyer, Oregon Legal Services Corp., Albany, Or., for plaintiff-appellant.

Richard H. Wetmore, Sidney I. Lezak, Asst. Reg. Attys., Portland, Or., for defendant-appellee.

Before ALARCON and BOOCHEVER, Circuit Judges, and THOMPSON, District Judge.

BOOCHEVER, Circuit Judge:

In this appeal, we consider the scope of official notice in a Social Security Administration hearing (SSA) before an administrative law judge (ALJ). We hold that although the ALJ might properly take official notice of facts concerning the procedures of an SSA District Office, the claimant, Joe Banks, was not afforded an opportunity to introduce evidence in rebuttal. Consequently, we order the case...

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