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BARTOLOMIE v. HECKLER

No. 81-CV-287.

597 F.Supp. 1113 (1984)

Joseph C. BARTOLOMIE, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

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

November 13, 1984.

Attorney(s) appearing for the Case

John S. Hogg, Hamilton, N.Y., for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendant; Edward Broton, Asst. U.S. Atty., Albany, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

The above matter comes to me following a Report and Recommendation by Magistrate Ralph W. Smith, Jr., duly filed on the 24th day of April 1984. Following ten days from the service thereof the Clerk has sent me the entire file, including the objections filed by the plaintiff herein.

Magistrate Smith has recommended that the complaint be dismissed for lack of subject matter jurisdiction, the plaintiff...

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