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WEISS v. SECRETARY OF U.S. DEPT. OF HEALTH & HUMAN

No. CV 93-0056.

859 F.Supp. 58 (1994)

Paul WEISS, Plaintiff, v. SECRETARY OF the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

July 29, 1994.

Attorney(s) appearing for the Case

Robert, Lerner & Bigler by Charles Robert, Rockville Centre, NY, for plaintiff.

Zachary W. Carter, U.S. Atty. by Nancy Miller, Asst. U.S. Atty., Brooklyn, NY, for defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1361 challenging the Secretary of Health and Human Services' ("Secretary") determination that plaintiff's request for reconsideration of an unfavorable initial determination of a Medicare claim was untimely filed. Presently before the Court is the Secretary's motion to dismiss the complaint pursuant to Rule 12(b)(1) of...

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