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COLBY v. SECRETARY OF HEALTH, ED. AND WELFARE

No. 79 Civ. 1194 (RLC).

489 F.Supp. 461 (1980)

John COLBY, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

January 17, 1980.

Attorney(s) appearing for the Case

Stutman & Rothberg, New York City, for plaintiff; William J. Stutman, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Robert M. Jupiter, Asst. U. S. Atty., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

John Colby brought this action under section 205(g) of the Social Security Act, as amended (the "Act"), 42 U.S.C. § 405(g), to review a final determination of the Secretary of Health, Education and Welfare ("Secretary") that Colby was overpaid $8,982.10 in retirement insurance benefits for the years 1974 through 1976 and that recovery thereof may not be waived. The parties agree that no material questions of...

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