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BERNER v. FINCH

No. 70 C 192(2).

335 F.Supp. 318 (1971)

Albert E. BERNER, Administrator of the Estate of Richard F. Bernard, Deceased, Plaintiff, v. Robert H. FINCH, Secretary of Health, Education & Welfare, Defendant.

United States District Court, E. D. Missouri, E. D.

August 12, 1971.

Attorney(s) appearing for the Case

Stemmler & Stemmler, St. Louis, Mo., for plaintiff.

Daniel Bartlett, Jr., U. S. Atty., Harold E. Zahner, Asst. U. S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This proceeding was filed to review a final decision of the Secretary of Health, Education and Welfare. Defendant has moved to dismiss, with a supporting affidavit, on the ground that the complaint fails to state a claim upon which relief can be granted. A number of exhibits which constitute part of the record before the Secretary are attached to the affidavit. Plaintiff moved for an order to require defendant...

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