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ZOOK v. SULLIVAN

No. 90-4086-R.

751 F.Supp. 926 (1990)

John E. ZOOK, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. Kansas.

November 1, 1990.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, Kan., for plaintiff.

David B. Bailey, U.S. Atty's. Office, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action to review a final decision by the Secretary of Health and Human Services regarding plaintiff's entitlement to disability benefits under the Social Security Act. This matter is presently before the court upon defendant's motion to dismiss.

The defendant argues that this action should be dismissed because plaintiff's complaint fails to state a claim upon which relief can be granted pursuant...

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