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BAYERSDORFER v. SECRETARY OF HEALTH AND HUMAN SERV.

No. 81 Civ. 354 (VLB).

578 F.Supp. 131 (1983)

Eugene BAYERSDORFER, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

December 13, 1983.

Attorney(s) appearing for the Case

Victor Fusco, Scheine, Fusco & Brandenstein, P.C., New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, by William J. Brennan, Asst. U.S. Atty., for defendant HHS.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I.

This is an action to set aside a determination by the Secretary of Health and Human Services denying plaintiff disability benefits. Both parties moved for judgment on the pleadings. I assigned the matter to Magistrate Washington to hear and report.

Magistrate Washington prepared a report and recommendation dated April 8, 1983, in which...

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