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POINDEXTER v. FOLSOM

No. 11907.

242 F.2d 516 (1957)

Doris O. POINDEXTER and Patricia A. Poindexter Through Her Guardian, Doris O. Poindexter, Appellants, v. Marion B. FOLSOM, Secretary of the Department of Health, Education and Welfare, Appellee.

United States Court of Appeals Third Circuit.

Decided March 25, 1957.

Attorney(s) appearing for the Case

A. Leon Higginbotham, Jr., Philadelphia, Pa., for appellants.

Arthur R. Littleton, Asst. U. S. Atty., Philadelphia, Pa. (W. Wilson White, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.

BIGGS, Chief Judge.

The plaintiffs, Doris O. Poindexter and her daughter Patricia, claim benefits under the Old Age and Survivors' Insurance Benefits Act, 42 U.S.C.A. § 401 et seq. The referee determined that Doris was not the legal widow of the deceased wage earner, Jerome Poindexter, and denied the claims. The Appeals Counsel of the Department of Health, Education and Welfare denied the plaintiffs' appeal. They then instituted suit in the court below pursuant...

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