Legal Opinion
Grossman v. Bowen
District Court, S.D. New York
Decided January 15, 1988No. 86 Civ. 2577 (RLC)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROBERT L. CARTER, District Judge.
Jack Grossman has not been seen by his family since March 24, 1977. In this action, his former wife, Audrey Grossman, and his daughter, Connie Grossman, appeal from a decision of the Secretary of Health and Human Services (“the Secretary”) denying them survivors’ insurance benefits based upon Grossman’s earnings. The question presented is whether the plaintiffs are entitled to a presumption that Jack Grossman is dead. Both the plaintiffs and the Secretary have moved for an order granting judgment on the pleadings pursuant to Rule 12(c), F.R.Civ.P. 1
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2Cases cited28 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- David Rutherford v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Second Circuit · 1982
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3Cited by3 opinions
- West Virginia Highlands Conservancy, Incorporated National Wildlife Federation v. Gale A. Norton, Secretary of the InteriorCourt of Appeals for the Fourth Circuit · 2003
- New York Department of Social Services v. SullivanDistrict Court, S.D. New York · 1993
- WV Highlands Consrv v. NortonCourt of Appeals for the Fourth Circuit · 2003