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MARKARIAN v. CALIFANO

Civ-78-51.

473 F.Supp. 671 (1979)

Michael M. MARKARIAN, Plaintiff, v. Joseph CALIFANO, Secretary of Health, Education and Welfare of the United States of America, Defendant.

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

July 10, 1979.

Attorney(s) appearing for the Case

Robert D. Kolken, Buffalo, N. Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Carol C. White, Asst. U. S. Atty., Buffalo, N. Y., Borge Varmer, Regional Atty., Region II, and Marjorie A. Silver, Asst. Regional Atty., Dept. of Health, Ed. and Welfare, New York City, of counsel), for defendant.

CURTIN, Chief Judge.

This action was brought under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g) ["Act"], to review a final determination by the Secretary of Health, Education and Welfare which denied retirement insurance benefits to the plaintiff due to excess earnings. The plaintiff reached the age of 65 on October 12, 1974 and he filed an application for such benefits on October 18, 1974 which was denied initially and on reconsideration. A hearing...

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