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MARBURY v. MATTHEWS

No. Civ. 75-509.

433 F.Supp. 1081 (1977)

Shelly MARBURY, Plaintiff, v. F. David MATTHEWS, Secretary of Health, Education and Welfare, Defendant.

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

July 1, 1977.

Attorney(s) appearing for the Case

Mark A. Hulnick, Buffalo, N. Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y., James A. Fronk, Asst. U. S. Atty., Buffalo, N. Y., of counsel, for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff instituted this action pursuant to section 205(g) of the Social Security Act ("the Act") as amended, 42 U.S.C. § 405(g), to obtain judicial review of an administrative decision of the Secretary of Health, Education and Welfare ("the Secretary") which denied plaintiff's claim for disability insurance benefits. The Secretary has answered and has moved for summary judgment or for dismissal pursuant...

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