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MEMOLI v. CALIFANO

No. 77 Civ. 2987 (RLC).

463 F.Supp. 578 (1978)

Albina MEMOLI, Plaintiff, v. Joseph CALIFANO, Secretary, Department of Health, Education and Welfare, Defendant.

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

December 21, 1978.

Attorney(s) appearing for the Case

Marc L. Ames, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, New York City by Thomas H. Belote, Asst. U. S. Atty., New York City, for defendant.

ROBERT L. CARTER, District Judge.

OPINION

This case involves a denial of social security disability benefits. Both parties have moved pursuant to Rule 12(c), F.R. Civ.P., for a judgment on the pleadings, the plaintiff demanding that the court order an award of the requested benefits, and the government seeking dismissal of the complaint. The question presented is whether the Secretary of Health, Education and Welfare, without the support of qualified medical...

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