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BERESTECKI v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 86 Civ. 6029 (RWS).

662 F.Supp. 1521 (1987)

Bronislawa BERESTECKI, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

June 23, 1987.

Attorney(s) appearing for the Case

Wayne G. Hawley, MFY Legal Services, Inc., New York City, for plaintiff; Margaret B. Sandercock, David S. Udell, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Donna H. Lieberman, Sp. Asst. U.S. Atty., of counsel.

OPINION

SWEET, District Judge.

Plaintiff Bronislawa Berestecki ("Berestecki") has moved pursuant to Fed.R.Civ.P. 12(a) for an order granting her judgment on the pleadings in an appeal from a denial of disability insurance benefits. Defendant Otis R. Bowen, M.D., Secretary of Health and Human Services (the "Secretary") has cross-moved pursuant to 42 U.S.C. § 405(g) for an order remanding the case for further administrative action. For the reasons set...

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