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FUNDERBURK v. CALIFANO

No. C-C-77-54.

432 F.Supp. 657 (1977)

Julius FUNDERBURK, Plaintiff, v. Joseph CALIFANO, Secretary, United States Department of Health, Education and Welfare, Defendant.

United States District Court, W. D. North Carolina, Charlotte Division.

June 7, 1977.

Attorney(s) appearing for the Case

Jean M. Cary, Legal Aid Society of Mecklenburg County, Charlotte, N.C., for plaintiff.

Kenneth G. Starling, Asst. U. S. Atty., Charlotte, N.C., for defendant.

ORDER

McMILLAN, District Judge.

Julius Funderburk, plaintiff, filed this suit on February 25, 1977, under 42 U.S.C. § 405(g), for review of the final decision of the Secretary of the Department of Health, Education and Welfare denying him disability insurance benefits. The Secretary moved to dismiss the complaint on the grounds that it was not filed within sixty days of plaintiff's receipt of notice of the...

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