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REBAK v. MATTHEWS

No. 75 Civ. 3695.

438 F.Supp. 668 (1977)

Hannah REBAK, party in interest in the case of Julius Rebak, Claimant, Plaintiff, v. David MATTHEWS, Secretary of Health, Education and Welfare of the United States of America, Defendant.

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

July 21, 1977.

Attorney(s) appearing for the Case

Goldberg & Weprin, New York City, for plaintiff; Robert N. Hochberg, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, New York City, for defendant; Victor J. Zupa, Asst. U. S. Atty., New York City, Borge K. Varmer, Regional Atty., Alice L. Litter, Asst. Regional Atty., New York City, Dept. of Health, Ed. and Welfare, of counsel.

OPINION

GAGLIARDI, District Judge.

This action is brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g) (1970), to review the final determination of the Secretary of Health, Education and Welfare ("the Secretary") denying plaintiff's application for certain retirement insurance benefits for the years 1970 through 1973. All administrative remedies have been exhausted1 and the plaintiff...

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