Legal Opinion
Rushing v. Finch
District Court, W.D. Louisiana
Decided March 5, 1970No. Civ. A. No. 13952PublishedCited by 5 opinions
1Opinion of the Court
OPINION
BEN C. DAWKINS, Jr., Chief Judge.
This action was filed under authority of 42 U.S.C. § 405(g) to review an adverse decision of the Secretary of the Department of Health, Education and Welfare as to Rushing’s administrative claim for disability social security benefits. The Secretary filed a motion to dismiss on the grounds that this Court lacks jurisdiction over the subject matter and that plaintiff failed to state a' claim upon which relief can be granted. In response to that motion, plaintiff asked for remand of this case to the Secretary for the introduction of further evidence…
2Cases cited8 opinions
- Tutun v. United StatesSupreme Court of the United States · 1926
- United States v. BabcockSupreme Court of the United States · 1919
- National Labor Relations Board v. Cheney California Lumber Co.Supreme Court of the United States · 1946
- Oveta Culp Hobby, Secretary of Department of Health, Education and Welfare v. Joseph HodgesCourt of Appeals for the Tenth Circuit · 1954
- Karin E. Steimer v. John W. Gardner, Secretary of Health, Education & WelfareCourt of Appeals for the Ninth Circuit · 1968
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3Cited by5 opinions
- Mills v. RichardsonDistrict Court, W.D. Pennsylvania · 1972
- Vega v. Secretary of Health, Education & WelfareDistrict Court, D. Puerto Rico · 1970
- Cole v. Secretary of Health, Education and WelfareDistrict Court, W.D. Louisiana · 1973
- Bellamy v. Department of Health, Education & Welfare, Social Security AdministrationDistrict Court, N.D. Illinois · 1972
- Absher v. Secretary of Health, Education & WelfareDistrict Court, M.D. North Carolina · 1974