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BEERS v. FEDERAL SECURITY ADMINISTRATOR

No. 113, Docket 21159.

172 F.2d 34 (1949)

BEERS v. FEDERAL SECURITY ADMINISTRATOR et al.

United States Court of Appeals Second Circuit.

January 27, 1949.

Attorney(s) appearing for the Case

Beers & Beers and J. J. Henry Muller, 3d, all of New Haven, Conn., for plaintiff.

H. Graham Morison, Asst. Atty. Gen., and Adrian W. Maher, U. S. Atty., and Edward J. Lonergan, Asst. U. S. Atty, both of Hartford, Conn. (Edward H. Hickey, Sp. Asst. to Atty. Gen., and Richard E. Guggenheim and Joseph B. McGrath, Attys., Department of Justice, and Leonard B. Zeisler, Atty., Federal Security Agency, all of Washington, D. C., of counsel), for defendants.

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

SWAN, Circuit Judge.

By this action the administrator of the estate of Frederick C. Perkins, deceased, sought to recover the amount of ten checks representing primary insurance benefits payable to the decedent under the Social Security Act. 42 U.S.C.A. § 401 et seq. The action was brought against the Federal Security Administrator under § 405(g) of Title 42, or, in the alternative against the United States under...

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