Prill v. Schweiker

MEMORANDUM OPINION

FLAUM, District Judge:

This matter comes before the court on the plaintiff’s objections to the magistrate’s report and recommendation. For the reasons set forth below, the court adopts the magistrate’s report and recommendation and denies both the plaintiff’s and defendant’s motions for summary judgment and remands this case for a complete development of the record and the taking of additional evidence.

I

The plaintiff Herbert E. Prill (“Prill”) filed suit against Richard S. Schweiker, the Secretary of the United States Department of Health and Human Services (“the Secretary”)…