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MOSER v. HECKLER

Civ. No. 83-4096.

587 F.Supp. 158 (1984)

Curtis MOSER, Plaintiff, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, D. South Dakota, S.D.

March 1, 1984.

Attorney(s) appearing for the Case

Karen A. Hattervig, Sioux Falls, S.D., for plaintiff.

Bonnie P. Ulrich, Asst. U.S. Atty., Sioux Falls, S.D., for defendant.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

Before the Court is the Secretary's motion to remand this Social Security appeal to the Department of Health and Human Services, based upon the Department's inability to locate the transcript of the agency record which is required to be filed with the answer to claimant's complaint pursuant to 42 U.S.C.A. § 405(g). Claimant Moser resists this motion and seeks an order awarding him interim benefits...

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