COX v. SECRETARY OF H. E. W.

Civ. No. 671752.

465 F.Supp. 1195 (1979)

Guy P. COX, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, E. D. Michigan, S. D.

February 26, 1979.


Attorney(s) appearing for the Case

Levine & Benjamin, Detroit, Mich., for plaintiff.

James K. Robinson, U. S. Atty., E. D. Mich., Detroit, Mich., for defendant.


MEMORANDUM OPINION

DeMASCIO, District Judge.

When this cause was first before the court on plaintiff's motion for summary judgment, we held that the defendant had misapplied the burden of proof in making his findings. After finding that the plaintiff could not return to his usual employment, the Secretary of Health, Education and Welfare denied the plaintiff benefits because the evidence failed to establish that plaintiff could not perform sedentary...

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