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ERICKSON v. SOCIAL SECURITY BOARD

No. 294.

149 F.2d 270 (1945)

ERICKSON v. SOCIAL SECURITY BOARD.

Circuit Court of Appeals, Second Circuit.

May 7, 1945.

Attorney(s) appearing for the Case

Earle N. Bishopp, Asst. U. S. Atty., of Brooklyn, N. Y. (John F. X. McGohey, U. S. Atty., of New York City, Francis M. Shea, Asst. Atty. Gen., Arnold Levy, Sp. Asst. to Atty. Gen., and Alfred S. Berg and John P. Frank, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for defendant-appellant.

John F. Loehr, of New York City (Frank Delaney, of New York City, on the brief), for plaintiff-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, the widow of a tugboat captain, sues under § 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Social Security Board which had determined her widow's benefits under the Act to be less than as she had contended. She also seeks recovery of an additional sum of $40.50 as immediately due her under her interpretation of the law. The District Court denied the Board's motion for...

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