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MIJARES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CV 93-0175 (CBA).

887 F.Supp. 57 (1994)

Ruben MIJARES, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

December 21, 1994.

Attorney(s) appearing for the Case

Herbert M. Feinsod, Ribolow & Feinsod, Brooklyn, NY, Daniel Delson Kuhn, Queens Legal Services Corp., Long Island City, NY, for plaintiff.

Janette A. McCarthy, U.S. Attys. Office, Civ. Div., Brooklyn, NY, for defendant.

MEMORANDUM & ORDER

AMON, District Judge.

I. Introduction

Before the Court is defendant's motion for judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c) for remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff cross-moves for remand pursuant to sentence six of 42 U.S.C. § 405(g). For the reasons discussed below, the Secretary's motion is denied and the plaintiff's cross-motion is granted...

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