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HERBST v. FINCH

No. 69 Civ. 1092.

342 F.Supp. 765 (1972)

Fred P. HERBST, Plaintiff, v. Robert FINCH, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. New York.

March 30, 1972.

Attorney(s) appearing for the Case

Walter & Tepper, Brooklyn, N. Y., for plaintiff; Julian C. Tepper, Brooklyn, N. Y., of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for defendant; Mel P. Barkan, Asst. U. S. Atty., of counsel.

MEMORANDUM

MacMAHON, District Judge.

Both parties move for judgment on the pleadings in this action brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare imposing work deductions which eliminated plaintiff's old-age insurance benefits for 1967. The deductions were imposed pursuant to 42 U.S.C. § 403(b) on the ground that plaintiff rendered services...

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