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SMITH v. RIBICOFF

No. 1100.

206 F.Supp. 133 (1962)

Willard SMITH, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. West Virginia, at Huntington.

June 6, 1962.

Attorney(s) appearing for the Case

Norman E. Rood, Huntington, W. Va., for plaintiff.

Harry G. Camper, U. S. Atty., Huntington, W. Va., for defendant.

HARRY E. WATKINS, District Judge.

This is an action allegedly brought under 42 U.S.C.A. § 405(g) of the Social Security Act to review a final decision of the Secretary of Health, Education and Welfare. The defendant has filed a motion to dismiss on the grounds: that the complaint fails to state a claim upon which relief can be granted; that the court lacks jurisdiction over the subject matter; that this is an unauthorized suit against the United States; and that...

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