ORDER AND OPINION
CHARLES R. SCOTT, District Judge.
This Social Security disability case came before this Court for hearing on the Secretary's motion for summary judgment, filed herein December 13, 1973. For the reasons set forth below, defendant's motion will be denied and summary final judgment will be entered, sua sponte, in favor of the claimant. 6 J. Moore, Federal Practice ¶ 56.12, at 2241 (2d ed. 1974).
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