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MATOS v. SECRETARY OF H. E. W.

No. 77-1100.

581 F.2d 282 (1978)

Matilde MATOS, Plaintiff, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 9, 1978.

Attorney(s) appearing for the Case

Pedro J. Torres Marcano, Hato Rey, P. R., for plaintiff, appellant.

John M. Rogers, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Julio Morales-Sanchez, U. S. Atty., San Juan, P. R., and Morton Hollander, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, BOWNES and MOORE, Circuit Judges.

MOORE, Circuit Judge:

Matilde Matos brought this suit seeking relief from an administrative decision dismissing her claim under 42 U.S.C. § 423 for social security disability benefits. The suit was dismissed by the district court for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. Matos appeals from this judgment.

Title II of the Social Security Act ("Act"), 42 U.S.C. §§ 401 et seq.,...

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