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POSLEDNIK v. BOWEN

No. 83 Civ. 5556 (JES).

674 F.Supp. 5 (1987)

Evelyn POSLEDNIK, Plaintiff, v. Otis BOWEN, M.D., Secretary Health and Human Services, Defendant.

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

November 30, 1987.

Attorney(s) appearing for the Case

Kramer, Levin, Nessen, Kamin & Frankel, MFY Legal Services, New York City, for plaintiff; Thomas H. Moreland, Betsy Nathan, David Udell, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Mark S. Sochaczewsky, Sp. Asst. U.S. Atty., Diogenes Kakatos, Asst. U.S. Atty., of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Evelyn Poslednik brought this action pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act, as amended ("the Act"), 42 U.S.C. §§ 405(g) and 1383(c)(3) (1982 & Supp.1987), seeking review of a final decision of the Secretary of Health and Human Services ("the Secretary") that plaintiff is not disabled as defined by the Act, and therefore not entitled to either disability...

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