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MELISI v. FLEMMING

Civ. No. 60-C-41.

193 F.Supp. 560 (1961)

Joseph MELISI, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

April 24, 1961.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for the motion.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Malvern Hill, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel, in opposition.

RAYFIEL, District Judge.

The plaintiff has moved under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to vacate and set aside my decision and order herein, dated October 5 and October 13, 1960, respectively, wherein I denied plaintiff's motion for summary judgment and granted defendant's cross-motion for similar relief.

The plaintiff cites as authority the case of Kerner v. Flemming,

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