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TOLBERT v. SECRETARY OF HEALTH, ETC.

No. 81 C 1732.

537 F.Supp. 631 (1982)

Joseph TOLBERT, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, N. D. Illinois, E. D.

April 7, 1982.

Attorney(s) appearing for the Case

Joseph Tolbert, pro se.

Eileen Marutzky, Asst. U. S. Atty., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Joseph Tolbert ("Tolbert") seeks review of a decision by the Secretary of Health and Human Services ("Secretary") denying Tolbert disability benefits under Title II of the Social Security Act (the "Act"), 42 U.S.C. § 423. Secretary has moved under Fed.R.Civ.P. ("Rule") 12(b)(1) to dismiss for lack of subject matter jurisdiction. For the reasons stated in this memorandum opinion and order, Secretary...

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