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KANDELIN v. SOCIAL SECURITY BOARD

No. 236.

136 F.2d 327 (1943)

KANDELIN v. SOCIAL SECURITY BOARD.

Circuit Court of Appeals, Second Circuit.

June 9, 1943.

Attorney(s) appearing for the Case

Martin Norr, of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and Harold M. Kennedy, U. S. Atty., and Vine H. Smith, Asst. U. S. Atty., both of Brooklyn, N. Y. (Sidney J. Kaplan, Sp. Asst. to Atty. Gen., of counsel), for appellant.

Clinton M. Flint, of Freeport, N. Y., for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal by the Social Security Board from a judgment reversing its order, which had denied a "lump sum" award to the plaintiff — the insured's son — and had made such an award to his widow. The case involves only one question: To which of the two should the award go, the widow having without justification abandoned the insured during his life? The Board ruled that this abandonment was irrelevant, both under the statute...

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