STUART v. HOBBY


128 F.Supp. 609 (1955)

Evelyn B. STUART, Plaintiff, v. Oveta Culp HOBBY, as Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

February 16, 1955.


Attorney(s) appearing for the Case

James J. Leonard, New York City, for plaintiff.

J. Edward Lumbard, U. S. Atty., New York City, Eliot H. Lumbard, New York City, of counsel, for defendant.


BICKS, District Judge.

By this suit plaintiff seeks reversal of a decision of the Social Security Administration denying her widow's insurance benefits under 42 U.S.C.A. §§ 402 (e) (1) (D). Defendant moves for summary judgment and plaintiff cross moves for the same relief.

The material facts are undisputed. The deceased wage earner died in 1944 leaving plaintiff, whom he married in 1911, as his surviving...

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