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BARONE v. COHEN

Civ. A. No. 804-67.

296 F.Supp. 524 (1969)

Milano BARONE, Plaintiff, v. Wilbur H. COHEN, Secretary of Health, Education and Welfare of the United States of America, Defendant.

United States District Court D. New Jersey.

January 3, 1969.

Attorney(s) appearing for the Case

Alfonso C. Viscione, Orange, N. J., for plaintiff.

David M. Satz, Jr., U. S. Atty., by Don Allen Resnikoff, Asst. U. S. Atty., for defendant.

OPINION

COOLAHAN, District Judge:

This is an action in which the plaintiff seeks reinstatement of his entitlement to disability benefits. Jurisdiction is founded on 42 U.S.C. § 405(g), review of a final decision by the Secretary of Health, Education and Welfare. The case is presently before the court on defendant's motion for summary judgment.

Under the statute involved here, 42 U.S.C. § 423(a) (1) (D), Barone is entitled to disability...

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