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RIVERA v. SCHWEIKER

No. 1141, Docket 83-6017.

717 F.2d 719 (1983)

Jose RIVERA, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 7, 1983.

Attorney(s) appearing for the Case

Richard Rivera, New York City (of counsel to Michael D. Hampden, New York City, Bronx Legal Services, New York City), for plaintiff-appellant.

R. Nicholas Gimbel, Asst. U.S. Atty. S.D.N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y.), Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), for defendant-appellee.

Before LUMBARD, OAKES and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Plaintiff appeals from an order of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, entered November 23, 1982, denying plaintiff's Fed.R.Civ.P. 12(c) motion for judgment on the pleadings and dismissing the complaint.

BACKGROUND

Plaintiff Rivera is a 56-year-old male who lives with his wife in an apartment in Bronx, New York. He...

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