MEMORANDUM OF DECISION
WHELAN, District Judge.
This cause came on regularly for hearing on August 19, 1974, on a motion of the defendant to dismiss, which motion was also treated by the Court as a Motion for Summary Judgment in view of the fact that the administrative record was submitted by the defendant and considered by the Court. Assistant United States Attorney Roger E. West appeared as counsel for defendant, Secretary of the Department of Health, Education...
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