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MARONEY v. APFEL

Nos. CIV.A. 97-G-2472-NE, CIV.A. 97-G-2743-NE.

57 F.Supp.2d 1250 (1999)

Elizabeth A. MARONEY, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Mary Ann Fleming, Plaintiff, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant.

United States District Court, N.D. Alabama, Northeastern Division.

April 12, 1999.

Attorney(s) appearing for the Case

Darryl W. Hunt, Charles Tyler Clark LLC, Birmingham, AL, for Elizabeth A Maroney.

Anne Conner Wagner, Cleveland, TN, for Mary Ann Fleming.

G. Douglas Jones, Winfield J. Sinclair, U.S. Attorney's Office, Birmingham, AL, Reginald V. Speegle and Rollin D. Mathis,, Social Security Administration-Office of General Counsel, Atlanta, GA, for Kenneth S Apfel.

MEMORANDUM OPINION ON THE COMMISSIONER'S POST JUDGMENT MOTIONS

GUIN, District Judge.

I.

The Commissioner of the Social Security Administration (the Commissioner) has filed motions to alter or amend the judgment in two cases currently pending before the court. The court requested the Commissioner to discuss the impact of the following excerpt from Epps v. Harris, 624 F.2d 1267 (5th Cir.1980):

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