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MYERS v. BOWEN

No. 87 Civ. 6549 (JFK).

704 F.Supp. 45 (1989)

Karen MYERS, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

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

January 11, 1989.

Attorney(s) appearing for the Case

DC 37 Municipal Employees Legal Services Plan, New York City (Janice Howard, of counsel), for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Kathleen A. Zebrowski, Sp. Asst. U.S. Atty., of counsel), for defendant.

OPINION AND ORDER

KEENAN, District Judge.

Plaintiff commenced this action under Section 205(g) of the Social Security Act (the "Act"), as amended, 42 U.S.C. § 405(g), to review a final determination of the Secretary of Health and Human Services (the "Secretary"), holding that plaintiff was at fault in accepting overpaid Social Security benefits and therefore the Secretary had not waived recovery of the overpayment.

The action is before the Court...

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