KOSSMAN v. FOLSOM

Civ. No. 16938.

157 F.Supp. 157 (1957)

Edward KOSSMAN, Plaintiff, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

November 8, 1957.


Attorney(s) appearing for the Case

Sidney Szerlip, Brooklyn, N. Y., for plaintiff.

Cornelius W. Wickersham, J., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendant, Myron Friedman, Asst. U. S. Atty., Long Beach, N. Y., of counsel.


BRUCHHAUSEN, District Judge.

The defendant moves for summary judgment in his favor.

This is an action under Section 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), for a judicial review of the Administrator's determination that the plaintiff was not a fully insured person entitled to old-age benefit under the Act.

The material facts are not in dispute. Plaintiff claims that although his retail meat business showed a net loss...

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