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GERBER v. SHALALA

No. 93 Civ. 6866 (KTD).

857 F.Supp. 11 (1994)

David GERBER, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

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

June 22, 1994.

Attorney(s) appearing for the Case

Harlem Legal Services, Inc., New York City (David Stroh Buckel, of counsel), for plaintiff.

Mary Jo White, U.S. Atty. S.D.N.Y.; New York City (Lorraine S. Novinski, Sp. Asst. U.S. Atty., of counsel), for defendant.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff David Gerber ("Gerber") seeks interim relief from the decision of Secretary of Health and Human Services (the "Secretary") to withhold $50 from Gerber's monthly disability benefits during the pendency of an overpayment dispute. Gerber moves for an order directing the Secretary to stop withholding any part of his benefits at least until a final determination is made as to the liability...

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