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ROSEN v. CELEBREZZE

Civ. No. 9430.

254 F.Supp. 280 (1964)

Samuel ROSEN, Plaintiff, v. Anthony CELEBREZZE, as Secretary of Health, Education and Welfare, Defendant.

United States District Court N. D. New York.

January 23, 1964.

Attorney(s) appearing for the Case

Robert M. Nicoll, Schenectady, N. Y., for plaintiff.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant, Frank A. Dziduch, Asst. U. S. Atty., of counsel.

JAMES T. FOLEY, Chief Judge.

This action is filed and specifically by the words of the complaint based upon the provisions of 42 U.S.C. § 405(g), as amended, to review a final decision of the defendant Secretary. The motion to dismiss the action by the Secretary is on enumerated grounds: (1) the complaint fails to state a claim upon which relief can be granted; (2) the Court lacks jurisdiction over the subject matter, and (3) the plaintiff failed to timely exhaust...

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