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COY v. HOBBY

Civ. A. No. 12802.

129 F.Supp. 640 (1955)

Dora A. COY, Executrix of the Estate of Frank M. Coy, Deceased, Plaintiff, v. Oveta Culp HOBBY, Secretary of Health, Education and Welfare, Defendant.

United States District Court, W. D. Pennsylvania.

March 9, 1955.

Attorney(s) appearing for the Case

Walker & Newman, Pittsburgh, Pa., for plaintiff.

John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., for defendant.

WILLSON, District Judge.

Plaintiff brought this suit for judicial review under the provisions of Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g) which provides: "Any individual, after any final decision of the Administrator made after a hearing * * *" et cetera. The United States Attorney has filed a motion to dismiss, because there is no allegation in the complaint and the complaint does not show on its face that plaintiff has exhausted her administrative...

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