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WINTER v. FINCH

No. 69 Civ. 2224.

318 F.Supp. 602 (1970)

Joseph WINTER, Plaintiff, v. Robert FINCH, Secretary of the Department of Health, Education and Welfare of the United States of America, Defendant.

United States District Court, S. D. New York.

September 28, 1970.

Attorney(s) appearing for the Case

Kadanoff & Haussman, Brooklyn, N. Y., by Arthur J. Haussman, Brooklyn, N. Y., for plaintiff.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, for defendant; Yale L. Rosenberg, Asst. U. S. Atty., of counsel.

OPINION

BONSAL, District Judge.

This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to review a decision of the defendant Secretary of the Department of Health, Education and Welfare (the Secretary) denying plaintiff's claim for disability insurance benefits based on an application dated October 19, 1967. Defendant moves pursuant to Rule 12(b)...

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