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FENUS v. SCHWEIKER

Civ. No. 5-82-48.

584 F.Supp. 45 (1983)

Gerald FENUS, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, D. Minnesota, Fifth Division.

October 26, 1983.

Attorney(s) appearing for the Case

Timothy J. McCoy, Grose, VonHoltum, Sieben & Schmidt, Ltd., Minneapolis, Minn., for plaintiff.

James M. Rosenbaum, U.S. Atty. by Mary L. Egan, Asst. U.S. Atty., Minneapolis, Minn., for defendant.

ORDER

MILES W. LORD, Chief Judge.

The plaintiff, Gerald Fenus, seeks judicial review of a decision of the Secretary of Health & Human Services (Secretary) denying him disability benefits pursuant to 42 U.S.C. §§ 416(i) and 423. Both parties move for summary judgment.

The plaintiff applied for disability benefits initially on November 6, 1978, alleging a work-related back injury. He was denied disability status and reapplied on October...

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