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TOLBERT v. SULLIVAN

No. S90-0060-C.

773 F.Supp. 1258 (1991)

Darrell G. TOLBERT, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, E.D. Missouri, Southeastern Division.

August 9, 1991.

Attorney(s) appearing for the Case

John W. Grimm, J. Michael Payne, Limbaugh & Payne, Cape Girardeau, Mo., for plaintiff.

Wesley D. Wedemeyer, Asst. U.S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM

CAHILL, District Judge.

This matter comes before the Court on plaintiff's motion for summary judgment, or alternatively to remand, and on defendant's motion for summary judgment.

Plaintiff Tolbert fell 15 feet from a crane and sustained multiple injuries, including a serious fracture of a leg and of certain bones in the ankle or foot. Tolbert applied for benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401,

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