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RIZZO v. SECRETARY OF HEALTH & HUM. SERV. OF U.S.

No. CIV-84-388E.

708 F.Supp. 520 (1989)

Josephine RIZZO, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES OF the UNITED STATES of America, Defendant.

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

February 16, 1989.

Attorney(s) appearing for the Case

Douglas F. Godhino, Hamburg, N.Y., for plaintiff.

Donald P. Simet, Asst. U.S. Atty., Buffalo, N.Y., for defendant.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

Before this Court is the question whether the abovenamed plaintiff is entitled to widow's disability benefits under the Social Security Act. See 42 U.S.C. § 402(e). The same question has already been considered twice by both the defendant ("the Secretary") and United States Magistrate Edmund F. Maxwell. The Magistrate issued a Report and Recommendation May 21, 1985 recommending that the Secretary's...

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