United States Second Circuit

District court erred in granting summary judgment where (1) it failed to recognize and apply the burdens against the moving party, (2) it misapplied Stieberger v. Apfel, 134 F.3d 37 (2d Cir. 1997), and (3) it misconstrued the administrative law judge's findings of facts in ruling that there was no violation of due process.

Appellate Information

• Argued 10/08/2002
• Decided 03/31/2003
• Published 03/31/2003

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, CARDAMONE and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Rodney F. Vieux, Johnson, VT, for Plaintiff-Appellant.


• For Appellees:
  
• Michael P. Drescher, Assistant United States Attorney, (Peter W. Hall, United States Attorney for the District of Vermont, Carol L. Shea, Chief of Civil Division, on the brief), Burlington, VT, for Defendant-Appellee.