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GOLDSTEIN v. HARRIS

No. 80 Civ. 5170.

517 F.Supp. 1314 (1981)

Alan GOLDSTEIN, Plaintiff, v. Patricia Roberts HARRIS, Secretary of the Department of Health and Human Services, Defendant.

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

July 16, 1981.

Attorney(s) appearing for the Case

Kresky, Sinawski & Davis, for plaintiff by Harry S. Kresky, New York City.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., for defendant by Asst. U. S. Atty. Harvey J. Wolkoff, New York City.

SOFAER, District Judge:

Plaintiff Alan Goldstein commenced this action pursuant to section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), for judicial review of a final determination of the Secretary of Health, Education and Welfare (now Health and Human Services) that plaintiff was not entitled to disability benefits and that he must repay benefits he had previously received. Both plaintiff and the Secretary have moved for judgment on the...

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