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BURGE v. RICHARDSON

Civ. A. No. 14012.

321 F.Supp. 646 (1971)

Minnie Lee BURGE, Plaintiff, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

January 12, 1971.

Attorney(s) appearing for the Case

Aynes, Feldman & Genins, Atlanta, Ga., for plaintiff.

John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for defendant.

ORDER

MOYE, District Judge.

In this case, plaintiff is seeking judicial review of the Appeal Council's dismissal of her petition to reopen a prior hearing denying her of Social Security disability benefits. Defendant has moved to dismiss the complaint on two grounds: (1) the Court lacks subject matter jurisdiction, and (2) the complaint fails to state a claim upon which relief can be granted.

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