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WILLOW v. SULLIVAN

No. CIV-88-1253T.

733 F.Supp. 591 (1990)

Willis WILLOW, SSN: 129-16-2919, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

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

March 28, 1990.

Attorney(s) appearing for the Case

Andrew M. Rothstein, Elmira, 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, Chief Judge.

INTRODUCTION

Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g) to review the Secretary's decision to grant disability benefits effective January 1985 rather than May 1977 as requested by plaintiff.

The Secretary moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) for lack of subject matter jurisdiction and for failure to state...

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