EWING v. RISHER

No. 3869.

176 F.2d 641 (1949)

EWING, Federal Security Adm'r v. RISHER.

United States Court of Appeals Tenth Circuit.

August 12, 1949.


Attorney(s) appearing for the Case

Leonard B. Zeisler, Washington, D. C. (H. G. Morison, Assistant Attorney General; Robert E. Shelton, United States Attorney, Oklahoma City, Okl., Edward H. Hickey, Special Assistant to the Attorney General, and Joseph B. McGrath, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

Ralph B. Simcoe, Stillwater, Okl., for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

Appellee, Mary G. Risher, the widow of Howard C. Risher, deceased, instituted this action to recover primary insurance benefits and widow's insurance benefits under the provisions of the Social Security Act, 42 U.S.C.A. § 402.

The undisputed evidence establishes that on June 24, 1941, Howard C. Risher filed an application for primary insurance benefits. The Bureau of Old-Age and Survivors Insurance of the Social Security Board,...

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