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BUZZEO v. HARRIS

No. 79 Civ. 556.

486 F.Supp. 690 (1980)

Richard G. BUZZEO, Plaintiff, v. Patricia R. HARRIS, Secretary of Health, Education, and Welfare, Defendant.

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

March 14, 1980.

Attorney(s) appearing for the Case

Robert T. Anker, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, for defendant; Leona Sharpe, Asst. U. S. Atty., Frank V. Smith, III, Acting Regional Atty.-Region II, Linda Lee Walker, Asst. Regional Atty.-Region II, Office of Gen. Counsel, Dept. of Health, Education, and Welfare, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff commenced this action pursuant to 42 U.S.C., section 405(g) to review a final determination of the Secretary of Health, Education, and Welfare (the "Secretary") denying his claim for a period of disability and disability insurance benefits. The Secretary moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. At issue, essentially, is whether the Secretary's determination...

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