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COLBERT v. FOLSOM

No. 169, Docket 23726.

230 F.2d 846 (1956)

Viola COLBERT, Plaintiff-Appellant, v. Marion B. FOLSOM, Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 5, 1956.

Attorney(s) appearing for the Case

Elizabeth Robinson, New York City, for plaintiff-appellant.

Arthur B. Kramer, Asst. U. S. Atty. for Southern Dist. of New York, New York City (Paul W. Williams, U. S. Atty., and Maurice N. Nessen, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

PER CURIAM.

Notwithstanding the able and vigorous arguments urged on behalf of the plaintiff, we are constrained to agree with Judge Edelstein's reasoned conclusion, Colbert v. Hobby, D.C.S.D.N.Y., 130 F.Supp. 65, that plaintiff was not "living with" her husband at the time of his death in 1949 so as to entitle her to a lump sum death payment under the Social Security Act, §§ 202(g) and 209(n), 42 U.S.C. §§...

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