District Court, N.D. Indiana February 23, 1987, Civ. No. H 86-465 (Barge v. Secretary, Department of Health & Human Services)

ORDER

MOODY, District Judge.

This matter is before the court on cross-motions for summary judgment filed by plaintiff Claude Barge on November 3, 1986 and defendant Secretary, Department of Health and Human Services, (“Secretary”) on January 5,1987. For the reasons discussed below, plaintiff Barge’s motion is DENIED and the defendant Secretary’s motion is GRANTED.

I.