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LYNN v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 82 Civ. 4532 (MP).

583 F.Supp. 532 (1984)

Conrad LYNN, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

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

April 5, 1984.

Attorney(s) appearing for the Case

Conrad J. Lynn, pro se.

John S. Martin, Jr., U.S. Atty., S.D.N.Y. by Thomas E. Moseley, Asst. U.S. Atty., New York City, for defendant.

MEMORANDUM

MILTON POLLACK, Senior District Judge.

Plaintiff asserts claims under both the Social Security Act and the Constitution of the United States arising out of the determination by the Social Security Administration (the "SSA") that it had made overpayments of child's insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401, et seq. Defendant SSA moved to dismiss the complaint under Rules 12(b)(1) and (2) of the Federal...

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