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McLEAN v. COMMISSIONER OF SOCIAL SEC.

No. 02-10161-BC.

360 F.Supp.2d 864 (2005)

David H. McLEAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, E.D. Michigan, Northern Division.

March 16, 2005.

Attorney(s) appearing for the Case

Evan A. Zagoria, Provizer & Phillps, Bloomfield Hills, MI, for Plaintiff.

Robert W. Haviland, Eastern District of Michigan U.S. Attorney's Office, Flint, MI, Sheila H. Gaskell, United States Attorney's Office, Detroit, MI, for Defendant.

OPINION AND ORDER REJECTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING MATTER TO THE COMMISSION FOR FURTHER PROCEEDINGS

LAWSON, District Judge.

This case is before the Court for the second time. In a prior action, the plaintiff challenged the Commissioner's determination that he was not disabled...

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