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MAGNER v. FOLSOM

153 F.Supp. 610 (1957)

Carol Ann MAGNER, by Alberta C. Magner, her next friend, Plaintiff, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

July 5, 1957.

Attorney(s) appearing for the Case

Warren Whitfield Wells, White Plains, N. Y., Roderick B. Travis, White Plains, N. Y., of counsel, for plaintiff.

Paul W. Williams, U. S. Atty. for Southern District of New York, New York City, Joseph DeFranco, Asst. U. S. Atty., New York City, of counsel, for defendant.

DAWSON, District Judge.

This is a motion for summary judgment brought by an infant plaintiff, Carol Ann Magner, through her mother, Alberta C. Magner, to set aside a determination of the Appeals Council, Social Security Administration, Department of Health, Education and Welfare. Defendant also moves for summary judgment under Rule 56, Fed.R.Civ.P., 28 U.S.C.A. on a cross motion in support of the determination of the Appeals Council.

Plaintiff seeks to have...

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