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DePLANCHE v. CALIFANO

No. K 77-371.

549 F.Supp. 685 (1982)

Roger DePLANCHE, Plaintiff, v. Joseph A. CALIFANO, Secretary of Health, Education & Welfare, individually and in his official capacity as Secretary, Defendant.

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

October 4, 1982.

Attorney(s) appearing for the Case

William Coash, Legal Aid Society of Calhoun County, Battle Creek, Mich., for plaintiff.

John A. Smietanka, U.S. Atty. by Donald Davis, Asst. U.S. Atty., Grand Rapids, Mich., for defendant.

OPINION

ENSLEN, District Judge.

This matter is before the Court on cross Motions for Summary Judgment filed by both the Plaintiff and Defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure. Summary Judgment is appropriate only where no genuine issue of material fact remains to be decided and the Plaintiff or Defendant is entitled to judgment as a matter of law. See Willetts v. Ford Motor Company, 583 F.2d 852

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