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APONTE v. SULLIVAN

No. 92-4586.

823 F.Supp. 277 (1993)

Rafael APONTE v. Louis SULLIVAN, Secretary of Health & Human Services.

United States District Court, E.D. Pennsylvania.

March 4, 1993.

Attorney(s) appearing for the Case

Anne L. Cooper, Jacques H. Geisenberger, Jr., Lancaster, PA, for plaintiff.

Dorothea J. Lundelius, Special Asst. U.S. Atty., Health & Human Services, Mark R. Kmetz, U.S. Attys Office, James G. Sheehan, Asst. U.S. Atty., Civ. Div., Philadelphia, PA, for defendant.

MEMORANDUM

GILES, District Judge.

Plaintiff seeks review of the Department of Health and Human Services' denial of his application for benefits under Title II of the Social Security Act ("Act"), 42 U.S.C. §§ 401-33. Defendant has moved to dismiss the complaint for lack of subject matter jurisdiction. For the reasons stated below, defendant's motion is denied.

I. BACKGROUND & PROCEDURAL...

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