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BENSON ON BEHALF OF FABIANO v. DHHS OF U.S.

No. CV-95-0982 (CPS).

948 F.Supp. 213 (1996)

William BENSON on Behalf of Lee V. FABIANO, Plaintiff, v. The DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant.

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

December 9, 1996.

Attorney(s) appearing for the Case

William Benson, Brooklyn, NY, pro se.

Arthur P. Hui, Brooklyn, NY, for defendant.

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

Plaintiff Lee Fabiano, represented by her husband William Benson, has brought this action against the Secretary of Health and Human Services (the "Secretary"). Defendant filed an answer to plaintiff's complaint and now moves for judgment on the pleadings for failure to state a claim. Thereafter, plaintiff submitted a reply with an amended complaint.

For the reasons stated below, defendant's motion is granted...

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