Legal Opinion
Rosen v. Celebrezze
District Court, N.D. New York
Decided January 23, 1964No. Civ. No. 9430PublishedCited by 4 opinions
1Opinion of the Court
JAMES T. FOLEY, Chief Judge.
This action is filed and specifically by the words of the complaint based upon the provisions of 42 U.S.C. § 405(g), as amended, to review a final decision of the defendant Secretary. The motion to dismiss the action by the Secretary is on enumerated grounds: (1) the complaint fails to state a claim upon which relief can be granted; (2) the Court lacks jurisdiction over the subject matter, and (3) the plaintiff failed to timely exhaust his administrative remedies. The motion is sustainable, in my judgment, on each of the grounds. In my opinion, the motion must be…
2Cases cited10 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
- Oveta Culp Hobby, Secretary of Department of Health, Education and Welfare v. Joseph HodgesCourt of Appeals for the Tenth Circuit · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spalsbury v. RichardsonDistrict Court, W.D. Michigan · 1972
- Winter v. FinchDistrict Court, S.D. New York · 1970
- Sparks v. TaggartDistrict Court, C.D. California · 1973
- Thomas v. GardnerDistrict Court, E.D. Arkansas · 1967