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KEITH v. HECKLER

No. 1076, Docket 84-6008.

732 F.2d 1089 (1984)

James KEITH, Plaintiff-Appellant, v. Margaret HECKLER, as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 16, 1984.

Attorney(s) appearing for the Case

Janice S. Robinson, Kalman Finkel, Morton B. Dicker, Marshal Green, The Legal Aid Society, Civil Div., New York City, and John Kirklin and Nancy Morawetz, Civil Appeals Law Reform Unit, New York City, for plaintiff-appellant.

Janice Siegel, Asst. U.S. Atty., E.D.N.Y., Raymond J. Dearie, U.S. Atty., E.D.N.Y., and Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., for defendant-appellee.

Before FEINBERG, Chief Judge, and FRIENDLY and OAKES, Circuit Judges.

FRIENDLY, Circuit Judge:

James Keith appeals from an order of Judge Glasser in the District Court for the Eastern District Court of New York, which granted a motion by the Secretary of Health and Human Services (the Secretary) under Fed.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...

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