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KATZ v. SULLIVAN

United States District Court, Eastern District of New York


December 20, 1991

HELEN B. KATZ, PLAINTIFF,
v.
LOUIS W. SULLIVAN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT.

The opinion of the court was delivered by: Mishler, District Judge.

MEMORANDUM OF DECISION AND ORDER

Louis W. Sullivan, M.D., Secretary of Health and Human Services ("Secretary"), defendant, having moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), in accordance with the Secretary's final determination dated August 21, 1989, and

Magistrate Judge Michael L. Orenstein having filed his report dated October 2, 1990, and

The Secretary having objected to the finding that the Secretary's March 30, 1987 determination reinstating the Secretary's determination of May 31, 1986, holding that Katz's net earnings from self-employment for 1985 were $10,993.00 is the final determination,*fn1 it is hereby

ORDERED that the Secretary's objections be and the same are overruled, and it is further

ORDERED that the report of Magistrate Judge Michael L. Orenstein be and the same is adopted as the findings of the court, and it is further

ORDERED that the Clerk of the Court enter judgment in favor of the Secretary and against Helen A. Katz, plaintiff, affirming the Secretary's determination that plaintiff's earnings from self-employment for 1986 were $15,128, and it is further

ORDERED that the Secretary's determination that plaintiff's earnings from self-employment for 1985 were $15,480 is reversed and the case is remanded to the Secretary to grant the relief to which plaintiff is entitled based on net earnings of $10,993.05 for the year 1985.


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