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SHERMAN v. FEDERAL SECURITY AGENCY

No. 9423.

166 F.2d 451 (1948)

SHERMAN v. FEDERAL SECURITY AGENCY, SOCIAL SECURITY BOARD.

Circuit Court of Appeals, Third Circuit.

Decided February 26, 1948.

Rehearing Denied March 31, 1948.

Attorney(s) appearing for the Case

Hubert H. Margolies, of Washington, D. C. (Peyton Ford, Asst. Atty. Gen., Edgar H. Rossbach, U. S. Atty., and Edward V. Ryan, Asst. U. S. Atty., both of Newark, N. J., and Edward H. Hickey, Sp. Asst. to the Atty. Gen., on the brief), for appellant.

Sidney Alpern, of Long Branch, N. J., for appellee.

Before BIGGS, MARIS and KALODNER, Circuit Judges.

MARIS, Circuit Judge.

This case involves the right of the plaintiff, Belle Sherman, to a widow's current insurance benefit under Section 202(e) (1)1 of the Social Security Act which she claims as the widow of Berthold A. Sherman, a deceased insured wage earner. The facts as found by the Social Security Board are as follows:

On September 24, 1929 the plaintiff, then Belle Samisch, and one Louis Teitelbaum were legally married by...

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