Legal Opinion

Lindberg v. Califano

District Court, N.D. California

Decided April 18, 1979No. C-78-1878 SWPublishedCited by 2 opinions

1Opinion of the Court

ORDER OF REMAND

SPENCER WILLIAMS, District Judge.

This action came regularly before the court on defendant’s motion for summary judgment and plaintiff’s cross motion for summary judgment or, in the alternative, for remand. These motions have been briefed and submitted to the court without oral argument. The court has considered the pleadings and the certified copy of the administrative transcript, and is fully informed in the matter.

Plaintiff has submitted medical evidence which was not available to the Secretary at the time of the administrative proceedings. This new evidence is not cumulative…

2Cases cited4 opinions

  1. Josephine Kemp v. Caspar W. Weinberger, Secretary of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1975
  2. Lightfoot v. MathewsDistrict Court, N.D. California · 1977
  3. Finnstrom v. MathewsDistrict Court, D. Arizona · 1976
  4. William N. Stone v. Robert H. Finch, Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1970

3Cited by2 opinions

  1. Alexandria Hospital v. HecklerDistrict Court, E.D. Virginia · 1984
  2. Simonsen v. Secretary of Health & Human ServicesDistrict Court, S.D. California · 1981

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