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POSNACK v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 84 CV 4042.

631 F.Supp. 1012 (1986)

Mildred POSNACK, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

March 14, 1986.

Attorney(s) appearing for the Case

Blum, Haimof, Gersen, Lipson, Garley & Niedergang, New York City, by Frederick C. Stern, for plaintiff.

Raymond J. Dearie, U.S. Atty., E.D.N.Y. by Anne E. Stanley, Asst. U.S. Atty., for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

This case is before the Court on the motion of the defendant Secretary for judgment on the pleadings, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The plaintiff seeks a waiver of the recovery of an overpayment of benefits and has filed a memorandum of law in opposition to the defendant's motion. For the reasons set forth below, defendant's motion is granted but any recovery of overpayments shall...

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