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SHELL v. WEINBERGER

No. Civ-2-74-87.

402 F.Supp. 1201 (1974)

James W. SHELL, Plaintiff, v. Caspar WEINBERGER, etc., Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

On Motion to Dismiss December 17, 1974.

Attorney(s) appearing for the Case

Rowland E. Verran, Johnson City, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM AND ORDER

NEESE, District Judge.

This is an action under, inter alia, the Administrative Procedures Act, 5 U.S.C. § 701 et seq., involving the plaintiff's claim for a period of disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(i), 423. The defendant moved for a dismissal for lack of jurisdiction of the subject matter, Rule 12(b)(1), Federal Rules of Civil Procedure, and for the failure of the ...

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