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MASONE v. CALIFANO

No. 79 Civ. 1558.

482 F.Supp. 525 (1979)

Gerald MASONE, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

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

December 13, 1979.

Attorney(s) appearing for the Case

Gerald Sheindlin, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant; Jane E. Bloom, Asst. U. S. Atty., New York City, Borge Varmer, Regional Atty., Region II, Frank V. Smith, III, Deputy Regional Atty., Department of Health, Education, and Welfare, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff commenced this action, pursuant to 42 U.S.C., section 405(g), to review a final determination of the Secretary of Health, Education, and Welfare (the "Secretary") that plaintiff was no longer entitled to continuation of disability benefits. The Secretary moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The basic issue is whether the plaintiff no longer is...

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