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KALB v. GARDNER

249 F.Supp. 1008 (1965)

Sam KALB, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

November 15, 1965.

Attorney(s) appearing for the Case

Harold Tompkins, New York City, for plaintiff.

Lawrence W. Schilling, Asst. U. S. Atty., Southern Dist. of New York, New York City, for defendant.

COOPER, District Judge.

We deal here with cross-motions. For practical purposes, this Court considers plaintiff's motion as one addressed to its jurisdiction to award "a judgment affirming, modifying, or reversing the decision of the Secretary [SECRETARY OF HEALTH, EDUCATION AND WELFARE], with or without remanding the cause for a rehearing. * * *" pursuant to 42 U.S.C. § 405(g), Sec. 205(g) of the Social Security Act as amended. Plaintiff misconstrues his remedy...

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