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FOLSOM v. PEARSALL

No. 15218.

245 F.2d 562 (1957)

Marion B. FOLSOM, Secretary of the Department of Health, Education and Welfare, Appellant, v. Gretta N. PEARSALL, Appellee.

United States Court of Appeals Ninth Circuit.

May 31, 1957.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., William B. Spohn, Asst. U. S. Atty., San Francisco, Cal., Arthur C. Miller, Elizabeth M. Doyle, Attys., Dept. of Health, Education and Welfare, San Francisco, Cal., for appellant.

Chalmers Smith, San Jose, Cal., for appellee.

Before STEPHENS, BONE and POPE, Circuit Judges.

BONE, Circuit Judge.

In October, 1952, appellee began to receive mother's insurance benefits as she was the unremarried widow of Delbert L. Pearsall, a deceased wage earner, such payments being made according to 42 U.S.C.A. § 402(g). These payments to her terminated as of June, 1954, because of a marriage that month to one Frank Richard. On November 19, 1954, appellee filed in an appropriate California court a "Complaint...

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