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McHALE v. MATHEWS

No. 75 Civ. 5636-LFM.

416 F.Supp. 1191 (1976)

Michael McHALE, Plaintiff, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

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

July 30, 1976.

Attorney(s) appearing for the Case

Oreste Vincent, Catskill, N. Y., for plaintiff.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant, by Daniel J. Pykett, Asst. U. S. Atty., New York City, for defendant.

OPINION

MacMAHON, District Judge.

This is an action for review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for disability benefits.

Plaintiff and defendant cross-move for judgment on the pleadings, under Rule 12(c), Fed.R.Civ.P. Judicial review is limited under the Public Health and Welfare Act to a determination of whether the Secretary's administrative decision was supported by substantial...

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