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WALKER v. ALTMEYER

No. 261.

137 F.2d 531 (1943)

WALKER v. ALTMEYER et al., Social Security Board.

Circuit Court of Appeals, Second Circuit.

July 12, 1943.

Attorney(s) appearing for the Case

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 the Atty. Gen., and Jerome C. Strumpf, Atty., Department of Justice, of Washington, D. C., for appellants.

John E. Walker, of New York City, appellee in person.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This action was brought under § 205(g), of the Social Security Act Amendments of 1939, 42 U.S.C.A. § 405(g), to compel the payment of primary insurance benefits after these had been denied by the Social Security Board. John E. Walker, the plaintiff, reached the age of sixty-five on October 4, 1938, and applied to the Social Security Board for a lump sum payment under the Social Security Act of 1935, 42 U.S.C.A. § 301 et seq. His...

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