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MORGAN v. HECKLER

No. 85-1854.

779 F.2d 544 (1985)

Annie MORGAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1985.

Attorney(s) appearing for the Case

Bruce A. Feder, Legal Assistance to the Elderly, Inc., San Francisco, Cal., for plaintiff-appellant.

Jerry J. Bassett, Gregg A. Frampton, Asst. Reg. Attys., Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee.

Before WRIGHT, KENNEDY, and BEEZER, Circuit Judges.

KENNEDY, Circuit Judge:

The Secretary of Health and Human Services denied the claim of Ms. Annie Morgan for retirement benefits, and she appeals. Morgan contends she relied on misinformation from the government, given in circumstances that amount to affirmative misconduct, and that the government is estopped to withhold the benefits. The district court granted summary judgment for the Secretary, and we now affirm.

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