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SIMMONS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-80-1157C.

621 F.Supp. 1174 (1985)

Ollie SIMMONS, Jr., Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

November 19, 1985.

Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc. (Keith A. Morgenheim, of counsel), Buffalo, N.Y., for plaintiff.

Salvatore R. Martoche, U.S. Atty. (Kathleen M. Mehltretter, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.

CURTIN, Chief Judge.

This action is before me after a remand for a new hearing consistent with Campbell v. HHS, 665 F.2d 48 (2d Cir.1981), reversed, 461 U.S. 458, 103 S.Ct. 1952, 76 L.Ed.2d 66 (1982). The case was remanded March 24, 1982.

Once again, the court must address the problem which was recently raised in Wolf v. Secretary, 612 F.Supp. 289

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