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BIG BOY FOR BIG BOY v. CHATER

No. CIV. 95-5062.

945 F.Supp. 202 (1996)

James H. BIG BOY for Edward V. BIG BOY v. Shirley S. CHATER, Commissioner of Social Security.

United States District Court, D. South Dakota, Western Division.

February 15, 1996.

Attorney(s) appearing for the Case

Mark Falk, Rapid City, SD, for Plaintiff.

Diana J. Ryan, Assistant U.S. Attorney, Rapid City, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

BATTEY, Chief Judge.

NATURE AND PROCEDURAL HISTORY

Pending is defendant's motion to dismiss claimant's action for judicial review of the denial of his claim for benefits under Title XVI of the Social Security Act. Defendant contends that this Court lacks subject matter jurisdiction as a result of claimant's failure to exhaust his administrative remedies. Defendant further asserts that there has been no final decision...

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