Perry BRITTON, Appellant, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Appellee

JOHN R. GIBSON, Circuit Judge.

Perry Britton appeals from an order of the district court, 1 adopting the Magistrate’s 2 Review and Recommendation, which granted summary judgment in favor of the Secretary of Health and Human Services, and determined that Britton should not have been paid disability benefits following the determination of his disability in 1978. The Secretary found that Britton had applied for benefits with fraudulent intent and had resumed substantial gainful activity within one year of the alleged onset of his disability. On appeal, Britton argues that the district court erred…