MULLENBERG v. U.S.

Appeal No. 87-1207.

857 F.2d 770 (1988)

Merla J. MULLENBERG, Plaintiff-Appellee, v. UNITED STATES of America, Department of Health & Human Services, and Dr. Otis Bowen, Secretary of Health & Human Services, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 15, 1988.


Attorney(s) appearing for the Case

D. Michael Eakin, Montana Legal Services Ass'n, Billings, Mont., argued for plaintiff-appellee.

Marleigh D. Dover, Dept. of Justice, Washington, D.C., argued for defendants-appellants. With her on the brief were John R. Bolton, Asst. Atty. Gen., Byron H. Dunbar, U.S. Atty. and John F. Cordes.

Before SMITH and MAYER, Circuit Judges, and BENNETT, Senior Circuit Judge.


BENNETT, Senior Circuit Judge.

This is an appeal from a decision of the United States District Court for the District of Montana in Mullenberg v. Bowen, No. CV 82-126-BLG-JFB (D.Mont. May 9, 1986) (unpublished), the orders in the same case issued on November 7 and December 17, 1986, and the judgment of December 18, 1986. The decision granted the plaintiff's motion for summary judgment and denied the defendants' like motion. The plaintiff sought and was awarded...

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