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DERBY v. BOWEN

No. C-84-155 RJM.

636 F.Supp. 803 (1986)

Richard Don DERBY, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Washington.

June 10, 1986.

Attorney(s) appearing for the Case

Michael E. deGrasse, Walla Walla, Wash., for plaintiff.

James B. Crum, Asst. U.S. Atty., Kathryn A. Warma, Asst. Regional Counsel, Dept. of Health and Human Services, Spokane, Wash., for defendant.

MEMORANDUM OPINION

ROBERT J. McNICHOLS, Chief Judge.

By order entered May 24, 1985 this matter was remanded to the Secretary for further administrative proceedings on the alternative bases that: (1) plaintiff appeared to be a member of the Smith class and thereby entitled to reconsideration of his claim without application of the "non-severity" rule found at 20 C.F.R. § 404.1520(c);1 and (2) the Secretary accorded...

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