U.S. Court of Appeals for the Ninth Circuit, 2002

Lowry v. Barnhart

U.S. Court of Appeals for the Ninth Circuit · Decided November 13, 2002 · Fletcher, Kozinski, Reavley

50 F. App'x 856

Opinion of the Court

*857MEMORANDUM ***

42 U.S.C. § 406(a)(2)(A) does not impose a ministerial duty to increase fees or to consider doing so. Mandamus is therefore unavailable. See Or. Natural Resources Council v. Hairell, 52 F.3d 1499, 1508 (9th Cir. 1995).

AFFIRMED.

-pjjjg disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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