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SCHMITZ v. SCHWEIKER

No. Civ 82-307 PHX EHC.

549 F.Supp. 760 (1982)

William J. SCHMITZ, Plaintiff-Petitioner, v. Richard G. SCHWEIKER, Secretary of Health and Human Services, individually and in his capacity as Secretary of Health and Human Services, Defendant-Respondent.

United States District Court, D. Arizona.

October 5, 1982.

Attorney(s) appearing for the Case

Michael Riikola, Shimmel, Hill, Bishop & Gruender, P.C., Phoenix, Ariz., for plaintiff-petitioner.

A. Melvin McDonald, U.S. Atty., John R. Mayfield, Asst. U.S. Atty., Phoenix, Ariz., for defendant-respondent.

MEMORANDUM AND ORDER

CARROLL, District Judge.

For the reasons set forth in this Memorandum, Defendant's Motion to Dismiss will be granted.

On March 5, 1982, William J. Schmitz filed a complaint, captioned "Social Security Appeal", or "Alternative Petition for Writ of Mandamus, 28 U.S.C. § 1361".

The complaint reflects (p. 2) that the Appeals Council of the Social Security Administration, "in June, 1980" affirmed a denial of Schmitz'...

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