LEAKE v. CALIFANO

Civ. A. No. 78-2414.

478 F.Supp. 1039 (1979)

Donnie F. LEAKE, Plaintiff, v. Joseph A. CALIFANO, Jr., Defendant.

United States District Court, District of Columbia.

September 27, 1979.


Attorney(s) appearing for the Case

Michael I. Gilbert, Washington, D. C., for plaintiff.

Walter J. Postula, Special Asst. U. S. Atty., Washington, D.C., for defendant.


ORDER

AUBREY E. ROBINSON, Jr., District Judge.

Upon consideration of Defendant's Motion for Summary Judgment, the Court having carefully reviewed the record, notes that (1) the Administrative Law Judge erred as a matter of law in finding that Plaintiff's disease did not last twelve (12) months pursuant to 42 U.S.C. § 423(d)(1). Lung cancer is a disease that can be expected to result in death, so Plaintiff has met his burden of proof under 42 U.S.C....

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