SHAPIRO v. RIBICOFF

No. 319, Docket 28093.

316 F.2d 262 (1963)

Frank SHAPIRO, Plaintiff-Appellant, v. Abraham RIBICOFF as Secretary of Health, Education & Welfare of the United States of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 17, 1963.


Attorney(s) appearing for the Case

Frank Shapiro, plaintiff-appellant, appearing pro se.

Arthur S. Olick, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., on the brief), for defendant-appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.


MOORE, Circuit Judge.

This case came before us on a motion to dismiss the appeal because of the appellant's failure to prosecute the same. We denied the motion and, with the approval of both parties, decided to hear the appeal on the basis of the record in the district court. The appeal is taken by the plaintiff below from a judgment on the pleadings in defendant's favor entered in the United States District Court for the...

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