ROSTON v. FOLSOM


158 F.Supp. 112 (1957)

Dennis Paul ROSTON and Robert Ralph Roston by Josephine Roston, their next friend, Plaintiffs, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

December 31, 1957.


Attorney(s) appearing for the Case

David DuVivier, New York City, The Legal Aid Society Attorney, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Eastern District of New York, L. Donald Jaffin, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for defendant.


BRUCHHAUSEN, District Judge.

The plaintiffs and the defendant move for summary judgment, pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A.

The action was brought by the plaintiffs, the alleged children of a deceased wage earner, for a review of the decision of the Federal Social Security Administrator, denying their application for children's insurance benefits, as provided by the Social Security Act, Section 205(g), 42 U.S.C.A. § 405(g...

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