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GUY v. SULLIVAN

No. CIV-89-0386C.

736 F.Supp. 1255 (1990)

Alice GUY, Plaintiff, v. Louis SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

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

May 4, 1990.

Attorney(s) appearing for the Case

Douglas F. Godinho, Hamburg, N.Y., for plaintiff.

Dennis C. Vacco, U.S. Atty. (Stephen J. Baczynski, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.

INTRODUCTION

CURTIN, District Judge.

Plaintiff, Alice M. Guy, brings this action for summary judgment against defendant, Secretary of Health and Human Services ("Secretary"), under 42 U.S.C. § 405(g) and pursuant to Rule 56 of the Federal Rules of Civil Procedure on the grounds that there is no genuine issue of material fact and she is entitled to judgment as a matter of law. Defendant moves to dismiss the action pursuant to Rule 12(b) of the Federal...

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