SCHROEDER v. HOBBY

No. 5055.

222 F.2d 713 (1955)

Carrie R. SCHROEDER, Appellant, v. Oveta Culp HOBBY, Federal Security Administrator, Appellee.

United States Court of Appeals Tenth Circuit.

May 19, 1955.


Attorney(s) appearing for the Case

Margaret K. Dailey, Albuquerque, New Mexico, for appellant.

William W. Ross, Atty., Dept. of Justice, Washington, D. C. (Asst. Atty. Gen., Warren E. Burger, Paul F. Larrazola, U. S. Atty., Albuquerque, New Mexico, and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee.

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


BRATTON, Circuit Judge.

The appeal in this case presents the question whether Carrie R. Schroeder is entitled to mother's insurance benefits under section 202(g) of the Social Security Act, as amended, 64 Stat. 477, 485, 42 U.S.C.A. § 402(g), which provides in presently pertinent part that every former wife divorced of an individual who died a fully or currently insured individual after 1939, if such former wife divorced (1) has not remarried, (2) is not entitled...

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