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FRAZIER v. MARINE MIDLAND BANK, N.A.

No. Civ.-87-128C.

702 F.Supp. 1000 (1988)

Rosie FRAZIER, Plaintiff, v. MARINE MIDLAND BANK, N.A., Defendant. Robert Abrams, Attorney General of the State of New York, Intervenor.

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

December 30, 1988.

Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc. (William F. Mastroleo, of counsel), Buffalo, N.Y., for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber (Paul K. Stecker, of counsel), Buffalo, N.Y., for defendant.

Robert Abrams, Atty. Gen. of the State of N.Y. (Patrick O. McCormack, of Counsel), Buffalo, N.Y., for intervenor.

CURTIN, District Judge.

This is an action for injunctive and declaratory relief and for damages brought under § 207 of the Social Security Act, 42 U.S.C. § 407, and the Supremacy Clause of the United States Constitution, Article VI, Cl. 2. Pending before the court are plaintiff's motion for summary judgment and defendant's motion to strike plaintiff's affidavit and cross-motion for summary judgment, all pursuant to Fed.R.Civ.P. 56.

The undisputed...

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