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LEBUS v. HARRIS

Civ. No. C-80-1315 SW.

526 F.Supp. 56 (1981)

Donald LEBUS, Plaintiff, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant.

United States District Court, N. D. California.

September 9, 1981.

Attorney(s) appearing for the Case

John MacMorris, San Francisco, Cal., for plaintiff.

G. William Hunter, U. S. Atty., William T. McGivern, Jr., Asst. U. S. Atty., Chief, Civil Division, San Francisco, Cal., for defendant.

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND REMANDING CASE TO SECRETARY.

SPENCER WILLIAMS, District Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Secretary of Health and Human Services denying his application for disability insurance benefits. Both parties have filed motions for summary judgment. Having concluded that the administrative law judge (ALJ) used improper...

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