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COLBERT v. HOBBY

130 F.Supp. 65 (1955)

Viola COLBERT, Plaintiff, v. Oveta Culp HOBBY, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. New York.

April 6, 1955.

Attorney(s) appearing for the Case

Elizabeth Robinson, New York City, for plaintiff.

J. Edward Lumbard, New York City, by Samuel R. Pierce, Jr., New York City, of counsel, for defendant.

EDELSTEIN, District Judge.

In an action by plaintiff to review a decision by a referee of the Social Security Administration, the defendant1 has moved and the plaintiff has cross-moved for summary judgment. The basic facts are not in dispute. The referee's decision denied the plaintiff's application for a lump sum death payment on the ground that she was not "living with" the wage earner at the time of his death in 1949, within the meaning...

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