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GOLBACH v. SULLIVAN

No. 89-CV-1429.

779 F.Supp. 9 (1991)

Eleanor O. GOLBACH, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

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

November 29, 1991.

Attorney(s) appearing for the Case

Legal Services of Cent. New York, Inc., Syracuse, N.Y. (Frederick J. Stanczak, Litigation Director, of counsel), Paul Ryther, Bloomfield, N.Y., and Greater Upstate Law Project, Rochester, N.Y. (Edwin J. Lopez-Soto, of counsel), for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y. (William H. Pease, Asst. U.S. Atty., of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

INTRODUCTION

Defendant, the Secretary of Health and Human Services ("Secretary"), moves for relief from this court's final judgment, dated June 12, 1991, pursuant to Fed.R.Civ.P. 60(b)(4) based on the theory that the judgment is void for lack of subject matter jurisdiction. As a basis for this claim, the Secretary asserts that plaintiff failed to file her motion for attorney's fees within the jurisdictional...

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