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GAUTHNEY v. SHALALA

February 24, 1995

MATTHEW GAUTHNEY
v.
DONNA SHALALA, Secretary of Health and Human Services



The opinion of the court was delivered by: BECHTLE

 AND NOW, this 24th day of February, 1995, upon careful and independent consideration of the parties' cross motions for summary judgment, and after reviewing United States Magistrate Judge Thomas J. Rueter's Report and Recommendation, it is hereby ORDERED that:

 1. The Report and Recommendation is APPROVED and ADOPTED;

 2. Plaintiff's motion for summary judgment is GRANTED;

 3. Defendant's Motion for summary judgment is DENIED; and

 4. The case is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Secretary of Health and Human Services for further proceedings consistent with the Report and Recommendation of United States Magistrate Judge Rueter.

 BY THE COURT:

 LOUIS C. BECHTLE, S.J.

 JUDGMENT

 AND NOW, this 24th day of February, 1995, in accordance with the opinion of our Court of Appeals in Kadelski v. Sullivan, 30 F.3d 399 (3d Cir. 1994), and Fed.R.Civ.P. 58, it is hereby ORDERED that JUDGMENT IS ENTERED in favor of the plaintiff and against the defendant.

 BY THE COURT:

 LOUIS C. BECHTLE, S.J.

19950224

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