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RUDERMAN v. FLEMMING

No. 14383.

261 F.2d 373 (1958)

Shoshanna RUDERMAN et al., Appellants, v. Arthur S. FLEMMING, Secretary, Department of Health, Education and Welfare, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 6, 1958.

Attorney(s) appearing for the Case

Mr. Ernest M. Shalowitz, Washington, D. C., with whom Messrs. Louis E. Spiegler and Sol M. Alpher, Washington, D. C., were on the brief, for appellants.

Mr. Walter J. Bonner, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and FAHY and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

Aaron Hanovice served in the United States Army from 1943 until the date of his honorable discharge, November 15, 1945. He was killed on August 14, 1947, leaving a wife to whom his child was posthumously born on October 29, 1947. Mother and child were then entitled to survivorship protection under the Social Security Act Amendments of 1946,1 provided they had made timely...

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