United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 97-1921 ___________

John T. Maclin, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. John J. Callahan, Commissioner of * Social Security, * [UNPUBLISHED] * Appellee. * ___________

Submitted: October 16, 1997 Filed: October 31, 1997 ___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

John T. Maclin appeals the district court&s1 order granting summary judgment affirming the Commissioner&s decision to deny Maclin disability insurance benefits (DIB) and supplemental security income (SSI). After a careful review of the record and the parties& submissions we conclude substantial evidence on the record as a whole

1 The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota, adopting the report and recommendation of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. supports the ALJ&s conclusion that Maclin was engaged in substantial gainful activity during the period for which he seeks benefits, and thus was ineligible for DIB or SSI. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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