Erna E. Newton v. Sec'y of Health & Human Servs., 70 F.3d 1114 (9th Cir. 1995). · Go Syfert
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Erna E. Newton v. Sec'y of Health & Human Servs., 70 F.3d 1114 (9th Cir. 1995). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1996 · …is perfectly clear, so resort to legislative history is neither called for nor appropriate. at p. 1115 ✓
6 citation events (2 in the last 25 years) across 4 distinct courts.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) In RE MacINTYRE
9th Cir. · 1996 · confidence medium
However, CCP Sec. 704.115 "is perfectly clear, so resort to legislative history is neither called for nor appropriate." Newton v. Secretary of Health & Human Servs., 70 F.3d 1114, 1115, n. 2 (9th Cir., 1995); See also, Burlington Northern R.R.
discussed Cited as authority (rule) DeMassa v. MacIntyre (In re MacIntyre)
9th Cir. · 1996 · confidence medium
However, CCP § 704.115 “is perfectly clear, so resort to legislative history is neither called for nor appropriate.” Newton v. Secretary of Health & Human Servs., 70 F.3d 1114, 1115, n. 2 (9th Cir.1995); See also, Burlington Northern R.R.
discussed Cited "see" United States v. WR Grace
D. Mont. · 2006 · signal: see · confidence high
See Newton v. Sec’y of Health and Human Services, 70 F.3d 1114 , 1115 n. 2 (9th Cir.1995) (“[T]he statute itself is perfectly clear, so resort to legislative history is neither called for nor appropriate.”). 18 Moreover, resort to legislative history does nothing to bolster the Defendants’ position.
cited Cited "see" Adams v. Halter
9th Cir. · 2001 · signal: see · confidence high
See Newton v. Sec’y of Health and Human Services, 70 F.3d 1114 (9th Cir.1995) (order) (affirming for the reasons stated the district court’s opinion published at 874 F.Supp. 296 (D.Or.1994)).
cited Cited "see, e.g." David Rudykoff v. Kenneth S. Apfel, Commissioner of Social Security
2d Cir. · 1999 · signal: see also · confidence low
Id.; see also Newton v. Shalala, 874 F.Supp. 296, 300 (D.Or.1994), aff'd 70 F.3d 1114 (9th Cir.1995).
Retrieving the full opinion text from the archive…
Erna E. NEWTON, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
94-35900.
Court of Appeals for the Ninth Circuit.
Dec 8, 1995.
70 F.3d 1114
Jon R. Stouffer and Maureen E. Laflin, Legal Aid Clinic, University of Idaho College of Law, Moscow, Idaho, for plaintiff-appellant., Craig J. Casey, Assistant United States Attorney, Portland, Oregon, and Richard H. Wetmore, Office of Regional Counsel, Social Security Administration, Seattle, Washington, for defendant-appellee.
Boochever, Fernandez, Kleinfeld.
Cited by 6 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: E.D. Virginia (1)

ORDER

Erna E. Newton appeals the judgment of the district court [1] which upheld the decision of the Secretary of Health and Human Services that the Windfall Elimination Provision, 42 U.S.C. § 415(a)(7), applies to her. We affirm.

We have carefully reviewed the record and we affirm for the reasons set forth in the district court’s published decision. [2]

AFFIRMED.

1

. Newton v. Shalala, 874 F.Supp. 296 (D.Or.1994).

2

. On appeal Newton makes two additional claims. She argues that the legislative history of the WEP militates against the Secretary's position. However, the statute itself is perfectly clear, so resort to legislative history is neither called for nor appropriate. See Burlington N. R.R. Co. v. Oklahoma Tax Comm’n, 481 U.S. 454, 461, 107 S.Ct. 1855, 1860, 95 L.Ed.2d 404 (1987); Davis v. Michigan Dep’t of Treasury, 489 U.S. 803, 809 n. 3, 109 S.Ct. 1500, 1504 n. 3, 103 L.Ed.2d 891 (1989). In any event, the cited history is singularly unhelpful. See H.R.Rep. No. 25, 98th Cong., 1st Sess. 21-22 (1983), reprinted in 1983 U.S.C.C.A.N. 219, 239-40. She also argues that her negotiated pre-retirement salaiy contribution payments from her employer were, somehow, part of her later pension benefit from the German social security system. Newton, however, directs us to no authority that indicates that they are, and the record indicates the contrary.