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ASCHETTINO v. SULLIVAN

No. CIV-89-0581T.

724 F.Supp. 1116 (1989)

Angelo ASCHETTINO, Plaintiff, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant.

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

November 22, 1989.

Attorney(s) appearing for the Case

Kenneth B. Mason, Jr., Rochester, N.Y., for plaintiff.

U.S. Attorney's Office (Charles M. Pilato, Asst. U.S. Atty., of counsel), Rochester, N.Y., for defendant.

DECISION AND ORDER

TELESCA, District Judge.

Plaintiff, a 62-year old man who suffers from Zolinger-Ellison Syndrome, commenced this action May 17, 1989 pursuant to 42 U.S.C. § 405(g), seeking reversal of the final decision of the defendant (the "Secretary") which denied him disability benefits.

The Secretary moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b), stating that the claimant...

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