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DIAMOND v. HARRIS

No. CIV-80-138E.

512 F.Supp. 216 (1981)

Max Jack DIAMOND, Plaintiff, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant.

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

April 14, 1981.

Attorney(s) appearing for the Case

Gene A. Rauhala of Hartman, Huckabone & Rauhala, Buffalo, N. Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Roger P. Williams, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This is an action brought under section 205(g) (42 U.S.C. § 405(g)) of the Social Security Act, as amended, to review a final determination by the Secretary of Health, Education and Welfare ("the Secretary"), denying plaintiff's application for retirement insurance benefits for the period beginning January 1, 1977 and ending December 31, 1978. Both parties have moved for summary judgment.

Plaintiff...

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