CARNEY v. CALIFANO

No. 77-5056-CV-SW.

459 F.Supp. 537 (1978)

Joe R. CARNEY, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education, and Welfare, Defendant.

United States District Court, W. D. Missouri, Southwestern Division.

August 30, 1978.


Attorney(s) appearing for the Case

Douglas M. Hamilton, Joplin, Mo., for plaintiff.

E. Eugene Harrison, Asst. U. S. Atty., Kansas City, Mo., for defendant.


ORDER

RUSSELL G. CLARK, District Judge.

Joe R. Carney, plaintiff in the above action, has filed a complaint pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a decision of the Secretary of HEW denying plaintiff disability benefits. On January 20, 1978 the Secretary filed a motion to dismiss on the grounds that (1) plaintiff had failed to state a claim...

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