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AVERSA v. SECRETARY OF HEALTH & HUMAN SERVICES

Civ. A. No. 86-3276.

672 F.Supp. 775 (1987)

Guiseppe AVERSA, Plaintiff, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant.

United States District Court, D. New Jersey.

March 2, 1987.

Attorney(s) appearing for the Case

Robert A. Petruzzelli, Jacobs & Schwalbe, Voorhees, N.J., for plaintiff.

Thomas W. Greelish, U.S. Atty. by Faith Steinberg, Asst. U.S. Atty., Newark, N.J., for defendant.

OPINION

RODRIGUEZ, District Judge

This case is before the court on the motion of defendant, the Secretary of Health and Human Services ("the Secretary"), to dismiss under Fed.R.Civ.P. 12(b)(6) (failure to state a claim upon which relief can be granted).

I

Plaintiff Guiseppe Aversa filed an application for disability benefits on August 4, 1983 alleging that he had become disabled on September 2, 1977. This application was denied, and plaintiff...

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