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SPATOLA v. DEPARTMENT OF HEALTH, ED. AND WELFARE

No. 73 Civ. 2370.

429 F.Supp. 21 (1977)

Frank SPATOLA, Plaintiff, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

March 29, 1977.

Attorney(s) appearing for the Case

Frank Spatola, pro se.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant by Kent T. Stauffer, Asst. U. S. Atty., Borge Varmer, Regional Atty., Region II, Dept. of Health, Ed. and Welfare, New York City.

OPINION

ROBERT L. CARTER, District Judge.

This is another of the numerous actions brought before this court seeking judicial review of the Secretary of HEW's final determination that the claimant is not entitled to any disability insurance benefits. The action is brought pursuant to 42 U.S.C. § 405(g). Defendant has now moved pursuant to F.R.Civ.P. 12(c) for judgment on the pleadings.

The standard in such a case is a familiar one. As the court...

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