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SMITH v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 6:91-0993.

794 F.Supp. 591 (1992)

Dean W. SMITH, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

July 22, 1992.

Attorney(s) appearing for the Case

Roger D. Forman, Forman, Kanner & Crane, Charleston, W.Va., for plaintiff.

Beverly Dennis, III, Chief Counsel, Region III, Office of Regional Director, Philadelphia, Pa., Steven M. Horn, Asst. U.S. Atty., Charleston, W.Va., for defendant.

CORRECTED MEMORANDUM OPINION

HADEN, Chief Judge.

Pending is the Plaintiff's motion to remand and the Defendant's motion for summary judgment, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Previously this action was referred to the Honorable Jerry D. Hogg, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B) for submission to this Court of his proposed findings of fact and recommendation for disposition.

Magistrate...

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