FUERST v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 70 Civ. 5757.

354 F.Supp. 185 (1973)

Louis FUERST, et al., Plaintiffs, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

February 14, 1973.


Attorney(s) appearing for the Case

Abraham M. Spilky and Robert M. Spilky, Brooklyn, N. Y., for plaintiffs.

Joseph P. Marro, Asst. U. S. Atty., New York City (Whitney North Seymour, U. S. Atty., of counsel), for defendant.


MEMORANDUM

BAUMAN, District Judge.

This is an action brought under § 205(g) of the Social Security Act, 42 U. S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying plaintiffs disability benefits under 42 U.S.C. §§ 416(i) and 423. Both sides have moved for summary judgment, and I am satisfied that there is no genuine issue of material fact to be tried.

The claimant, Leah Fuerst, was...

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