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MIRANDA v. SULLIVAN

No. 90 Civ. 707 (CSH).

771 F.Supp. 50 (1991)

Margarita MIRANDA, Plaintiff, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant.

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

June 10, 1991.

Attorney(s) appearing for the Case

Marc L. Ames, New York City, for plaintiff.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Susan D. Baird, Sp. Asst. U.S. Atty., New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff filed this action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), seeking review of the final decision of the Secretary of Health and Human Services ("Secretary") establishing her date of birth in March, 1929 instead of June 5, 1926 as claimed by plaintiff.

The parties cross-move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the...

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