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HARRINGTON v. GARDNER

No. 64 Civ. 3282.

262 F.Supp. 288 (1966)

Cornelius HARRINGTON, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

November 23, 1966.

Attorney(s) appearing for the Case

Leonard Bailin, New York City, for plaintiff.

U. S. Atty., Robert M. Morgenthau, Dawnald R. Henderson, New York City, of counsel, for defendant.

CANNELLA, District Judge.

Motion by the defendant pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, for an order granting summary judgment, is granted. The cross motion by the plaintiff for the same relief, is denied. The court affirms the decision of the Secretary.

The plaintiff, Cornelius P. Harrington, instituted this action under 42 U.S.C. § 405(g)1 to review the adverse decision

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