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TUCKER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. S86-553.

684 F.Supp. 556 (1988)

Shayne E. TUCKER, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

March 29, 1988.

Attorney(s) appearing for the Case

Robert W. Bornholt, Valparaiso, Ind., for plaintiff.

Clifford D. Johnson, Asst. U.S. Atty., South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on a motion by the defendant Secretary of Health and Human Services to dismiss plaintiff Shayne Tucker's complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The Secretary contends that plaintiff Shayne Tucker failed to file her complaint with the clerk of the district court within the sixty-day period prescribed by 42 U.S.C. § 405(g), and...

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