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NICEWONDER GROUP, LLC v. ASTRUE

Case No. 1:07CV00060.

582 F.Supp.2d 784 (2008)

NICEWONDER GROUP, LLC, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

October 24, 2008.

Attorney(s) appearing for the Case

John R. Woodrum, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C., and Wade W. Massie, Penn, Stuart & Eskridge, Abingdon, VA, for Plaintiff.

Mark J. Goldenberg, Office of the General Counsel, Social Security Administration, Baltimore, MA, and Sara Bugbee Winn, Assistant United States Attorney, Roanoke, VA, for Defendant.

OPINION

JAMES P. JONES, Chief Judge.

In this case, I must decide whether the decision by the Commissioner of Social Security that the plaintiff is a "related person" under the Coal Act was arbitrary and capricious. With cross motions for summary judgment before me, I find that it was, and therefore rule in the plaintiff's favor.

I

Congress passed the Coal Industry Retiree Health Benefit Act of 1992 ("Coal Act" or "Act") 26 U.S.C.A. §...

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