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MARGUCCIO v. SECRETARY, DEPT. OF H. & H. SERVICES

CIV-83-423E.

586 F.Supp. 886 (1984)

Samuel MARGUCCIO, Plaintiff, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

June 26, 1984.

Attorney(s) appearing for the Case

Gerald P. Seipp, Buffalo, N.Y., for plaintiff.

Joseph B. Mistrett, Asst. U.S. Atty., Buffalo, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

In this action under 42 U.S.C. § 405(g) seeking judicial review of a decision by the Secretary of Health and Human Services ("the Secretary") terminating plaintiff's entitlement to Social Security disability insurance benefits, defendant has moved for a remand of this case to the administrative agency inasmuch as the tape-recording of the hearing regarding plaintiff's claim is blank. Plaintiff has cross-moved...

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