FYFE v. FINCH

Civ. A. No. 69-364.

311 F.Supp. 552 (1970)

James E. FYFE v. Robert H. FINCH, Secretary, Department of Health, Education and Welfare.

United States District Court, W. D. Pennsylvania.

April 14, 1970.


Attorney(s) appearing for the Case

Swope & Swope, Ebensburg, Pa., for plaintiff.

John H. Bingler, Jr., Asst. U. S. Atty., Pittsburgh, Pa., for defendant.


OPINION

GOURLEY, Senior District Judge:

In this action for review of a decision by the Department of Health, Education and Welfare denying plaintiff's Application for Disability Insurance Benefits under § 216(i) of the Social Security Act, as amended, 42 U.S.C. § 416(i), and § 223(d) of the Act, as amended, 42 U. S.C. § 423(d), defendant has filed a Motion to Dismiss on the grounds that the Court lacks jurisdiction over the subject matter...

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