Legal Opinion
Winter v. Finch
District Court, S.D. New York
Decided September 28, 1970No. 69 Civ. 2224PublishedCited by 2 opinions
1Opinion of the Court
OPINION
BONSAL, District Judge.
This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to review a decision of the defendant Secretary of the Department of Health, Education and Welfare (the Secretary) denying plaintiff’s claim for disability in*604surance benefits based on an application dated October 19, 1967. Defendant moves pursuant to Rule 12(b), F.R.Civ. P., for an order dismissing the complaint on the ground that plaintiff’s claim for relief is barred by the doctrine of res judicata.1
There is little dispute with respect to the factual…
2Cases cited18 opinions
- Dr. Harold D. Kletschka v. William J. Driver, Individually and as Administrator of the Veterans AdministrationCourt of Appeals for the Second Circuit · 1969
- Oveta Culp Hobby, Secretary of Department of Health, Education and Welfare v. Joseph HodgesCourt of Appeals for the Tenth Circuit · 1954
- Leo J. Domozik v. Wilbur J. Cohen, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Third Circuit · 1969
- Henry Janek v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1964
- Harley P. Grose v. Wilbur Cohen, Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1969
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3Cited by2 opinions
- Courll v. WeinbergerDistrict Court, E.D. California · 1975
- Absher v. Secretary of Health, Education & WelfareDistrict Court, M.D. North Carolina · 1974