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MOSLEY v. BOWEN

Civ. No. C-1-87-0968.

703 F.Supp. 1288 (1989)

Phyllis MOSLEY, Plaintiff, v. Otis BOWEN, M.D., Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, S.D. Ohio.

As Amended February 6, 1989.

Attorney(s) appearing for the Case

Jennifer Bishop and Stephen Olden, Legal Aid Soc., Cincinnati, Ohio, for plaintiff.

Alan Schwepe, Asst. Atty. Gen., Columbus, Ohio, Thomas Deye, Cincinnati, Ohio, for defendants.

Donna Morros Weinstein, Chief Counsel, Region V, Ted K. Yasuda, Asst. Regional Counsel, Dept. of Health and Human Services, Chicago, Ill., for defendant Bowen.

ORDER

CARL B. RUBIN, Chief Judge.

This matter is before the Court on cross-motions for summary judgment. The parties have submitted supporting and opposing memoranda, affidavits, documents and a stipulation of facts (doc. nos. 25, 37, 42, 47, 48, 50, 51, 52, 53, 57 and 60). An oral hearing has been held on the pending motions. For the reasons set forth below, summary judgment is hereby granted in favor of plaintiff.

Facts

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