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LUPINACCI v. MATHEWS

No. 75 Civ. 6409.

433 F.Supp. 47 (1977)

Ernest LUPINACCI, Plaintiff, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

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

April 25, 1977.

Attorney(s) appearing for the Case

Reisman, Milberg, Abramson & Magro, P. C., New York City, for plaintiff; Victor Fusco, Charles Reisman, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendant; Kent T. Stauffer, Asst. U. S. Atty., Jerome T. Levy, Acting Regional Atty., Sidney A. Sayovitz, Asst. Regional Atty., New York City, Thomasina Rogers, Legal Asst. Office of the General Counsel, HEW, of counsel.

BONSAL, District Judge.

Defendant moves pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings. Plaintiff cross-moves pursuant to Rule 12(c) for judgment on the pleadings, or in the alternative, for remand for further administrative proceedings.

On December 5, 1973, plaintiff Ernest Lupinacci filed an application for a period of disability and for disability insurance benefits with the Department of Health, Education and...

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