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CHICO v. SCHWEIKER

No. 1220, Docket 83-6020.

710 F.2d 947 (1983)

Luis CHICO, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 27, 1983.

Attorney(s) appearing for the Case

Ruben Nazario, Brooklyn, N.Y. (John C. Gray, Jr., Jane Greengold Stevens, Brooklyn Legal Services Corp. B, Brooklyn, N.Y.), for plaintiff-appellant.

Charles S. Kleinberg, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., Eastern District of New York, Miles M. Tepper, Asst. U.S. Atty.), Brooklyn, N.Y., for defendant-appellee.

Before FRIENDLY, KEARSE and WINTER, Circuit Judges.

FRIENDLY, Circuit Judge:

Luis Chico appeals from an order of Judge Bramwell in the District Court for the Eastern District of New York, which granted a motion by the Secretary of Health and Human Services (the Secretary) under F.R.Civ.P. 12(c) to dismiss his action to set aside the Secretary's denial of his claims for the establishment of a period of disability, 42 U.S.C. § 416(i), disability insurance benefits, 42 U.S.C. § 423(a), and supplemental security...

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