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SPLUDE v. APFEL

No. 98-1630.

165 F.3d 85 (1999)

Daniel SPLUDE & Ronald Cargill, Plaintiffs, Appellants, v. Kenneth S. APFEL, Social Security Administration Commissioner, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 15, 1999.

Attorney(s) appearing for the Case

Michael A. Bell with whom Jon Holder was on brief for appellants.

Christine N. Kohl, Appellate Staff, Civil Division, with whom Frank W. Hunger, Assistant Attorney General, Jay P. McCloskey, United States Attorney, and Barbara C. Biddle, Appellate Staff, Civil Division, were on brief for appellee.

Before BOUDIN, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

BOUDIN, Circuit Judge.

It is no accident that Title 42, containing the social security laws among other statutes, occupies four successive volumes of the United States Code (the Internal Revenue Code requires only two volumes). This case turns on the interplay of statutes establishing two different social security programs and several ancillary provisions. A brief primer will be helpful.

The most familiar social security...

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