Legal Opinion
Lupinacci v. Mathews
District Court, S.D. New York
Decided April 25, 1977No. 75 Civ. 6409PublishedCited by 4 opinions
1Opinion of the Court
BONSAL, District Judge.
Defendant moves pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings. Plaintiff cross-moves pursuant to Rule 12(c) for judgment on the pleadings, or in the alternative, for remand for further administrative proceedings.
On December 5, 1973, plaintiff Ernest Lupinacci filed an application for a period of disability and for disability insurance benefits with the Department of Health, Education and Welfare (“HEW”) alleging that he had been unable to work since December 29, 1972 due to “severe arthritis lumbar spine and hepatitis”. On…
2Cases cited10 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
- Marie Landess v. Casper W. Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1974
- Shirley A. Ber v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1964
- Eleanor B. Franklin v. Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1968
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3Cited by4 opinions
- Doe v. HarrisDistrict Court, S.D. New York · 1980
- Memoli v. CalifanoDistrict Court, S.D. New York · 1978
- Kaminski v. CalifanoDistrict Court, S.D. New York · 1979
- Gyurko v. HarrisDistrict Court, D. Connecticut · 1980