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KORNFIELD v. DEPARTMENT OF HEALTH, EDUCATION & WELFARE

No. 69 Civ. 1147.

307 F.Supp. 839 (1969)

Bessie KORNFIELD, Plaintiff, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Social Security Administration, Defendant.

United States District Court S. D. New York.

October 3, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City, for defendant Dept. of HEW; Patricia M. Hynes, Asst. U. S. Atty., of counsel.

Bessie Kornfield, pro se.

MEMORANDUM AND ORDER

LASKER, District Judge.

This is a motion pursuant to Rule 12 (b) (1) and (6), seeking dismissal of the instant action. Plaintiff instituted this civil action seeking judicial review of a final determination made by the Social Security Administration on July 29, 1968.

Plaintiff, a recipient of social security payments, deemed herself entitled to increased payments based upon an advanced age. Since her age was in dispute, an administrative...

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