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  5. 742 F.Supp. 739 (1990)
 

EVERARD v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 88-CV-1380.

742 F.Supp. 739 (1990)

Lawrence EVERARD, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

August 22, 1990.

Attorney(s) appearing for the Case

Conboy McKay Bachman & Kendall, Carthage, N.Y., for plaintiff; Timothy A. Farley, of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendant; William Larkin, Asst. U.S. Atty., of counsel.

MEMORANDUM—DECISION AND ORDER

McCURN, Chief Judge.

Background

Plaintiff brought this action under 42 U.S.C. § 405(g) of the Social Security Act ("Act") for review of a final decision by the Secretary of Health and Human Services ("Secretary"), dated October 21, 1988, in which the Secretary determined that the plaintiff's disability (alcoholism) had ceased in November 1977, and that his entitlement

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