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GRAHAM v. HECKLER

Civ. A. No. 83-0202-C(K).

573 F.Supp. 1573 (1983)

Rosalie GRAHAM, George Simpson and James Peggues, on behalf of themselves and all others similarly situated, Plaintiffs, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. West Virginia, Clarksburg Division.

November 14, 1983.

Attorney(s) appearing for the Case

Betsy Hutchings, Social Security Project, Morgantown, W.Va., for plaintiffs.

William Kolibash, U.S. Atty., Wheeling, W.Va., for defendant.

MEMORANDUM OPINION AND ORDER

KIDD, District Judge.

This action was brought under the provisions of 42 U.S.C. § 405(g) and 28 U.S.C. § 1361 and is currently before the Court upon the defendant's motion to dismiss or for summary judgment. The Secretary of Health and Human Services (hereinafter "Secretary" or "defendant") says the Court lacks jurisdiction over her person and the claims presented.

The essential and underlying issue in this...

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