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SHULTZ v. GARDNER

Civ. A. No. 67-1226.

282 F.Supp. 857 (1968)

Robert SHULTZ, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court W. D. Pennsylvania.

April 15, 1968.

Attorney(s) appearing for the Case

Ralph J. Talarigo, Portage, Pa., for plaintiff.

Gustave Diamond, U. S. Atty., by Vincent A. Colianni, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

OPINION AND ORDER

MARSH, District Judge.

The Secretary has moved to dismiss this action on grounds that the court lacks jurisdiction over the subject matter and that plaintiff fails to state a claim upon which relief can be granted.

In support of the motion, the Secretary urges (1) that with respect to plaintiff's two most recent applications for disability benefits, no final decision of the Secretary exists within the meaning of § 205(g) of...

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