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FARIETTA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83 Civ. 4040 (MJL).

589 F.Supp. 290 (1984)

Hector FARIETTA, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

May 31, 1984.

Attorney(s) appearing for the Case

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

Michael Wagner, Klein, Wagner & Morris, P.C., New York City, for plaintiff.

ORDER

LOWE, District Judge.

This Court directs that this matter be remanded to the Secretary of Health and Human Services for further proceedings in compliance with the law of the United States Court of Appeals for the Second Circuit. The opinion of the Administrative Law Judge at pages 13 and 14 states as follows:

It is true that under court decisions in this jurisdiction, this conclusion is not a necessary one, particularly in view of the various...

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