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EMLEN v. SOCIAL SECURITY BOARD

No. 8691.

148 F.2d 927 (1945)

EMLEN et al. v. SOCIAL SECURITY BOARD.

Circuit Court of Appeals, Third Circuit.

Decided April 19, 1945.

Attorney(s) appearing for the Case

Hubert H. Margolies, of Washington, D. C. (Francis M. Shea, Asst. Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., and Arnold Levy, Sp. Asst. to the Atty. Gen., on the brief), for appellant.

Shippen Lewis, of Philadelphia, Pa., for appellee.

Before BIGGS, GOODRICH, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

Pursuant to the provisions of the Social Security Act, 42 U.S.C.A. § 301 et seq., Marie A. Emlen filed application with the Bureau of Old-Age and Survivors Insurance of the Social Security Board, for insurance benefits on behalf of her children and herself, as widow of Arthur C. Emlen, who died on January 26, 1941. The Bureau determined that the claimant was not entitled to benefits on the ground that her deceased husband was not an...

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