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NOTT v. FOLSOM

161 F.Supp. 905 (1958)

Sophie NOTT, Plaintiff, v. Marion B. FOLSOM, Secretary of Health Education and Welfare, United States of America, Defendant.

United States District Court S. D. New York.

May 9, 1958.

Attorney(s) appearing for the Case

Arnold H. Fassler, New York City, for plaintiff.

Paul W. Williams, U. S. Atty., for the S. D. of New York, New York City, John A. Guzzetta, Asst. U. S. Atty., Fresh Meadows, N. Y., M. J. McQueen, Associate Gen. Counsel, Washington, D. C., of counsel, for defendant.

WEINFELD, District Judge.

These are cross-motions for summary judgment in an action instituted by the plaintiff to recover widow's benefits under the provisions of the Social Security Act.1 The parties agree there is no genuine issue of material fact and that the matter is ripe for disposition under the summary judgment rule.

The issue presented is one of novel impression in this District—whether a widow admittedly entitled...

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