Richard S. Fellrath v. Louis W. Sullivan, M.D.

974 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard S. FELLRATH, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., et al., Defendant-Appellee. No. 91-15517. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 1992. Decided Sept. 14, 1992. Appeal from the United States District Court for the District of Nevada; No. CV-89-00837-PMP, Philip M. Pro, District Judge, Presiding. D.Nev. REVERSED AND REMANDED. Before HUG, SKOPIL and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Fellrath appeals from the district court order granting summary judgment in favor of the Secretary of Health and Human Services (Secretary) and denying him disability benefits under sections 216(i) and 223 of the Social Security Act. 42 U.S.C. §§ 416 (i), 423. The district court exercised jurisdiction pursuant to 42 U.S.C. § 405 (g). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the decision of the district court de novo, and thus examine…