JULIAN v. FOLSOM


160 F.Supp. 747 (1958)

Samuel JULIAN, Plaintiff, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

March 21, 1958.


Attorney(s) appearing for the Case

Mortimer Getzels, New York City, The Legal Aid Society (George D. Covington, New York City, of counsel), for plaintiff.

Paul W. Williams, U. S. Atty., S. D. New York, New York City (Gerard L. Goettel, Asst. U. S. Atty., New York City, of counsel), for defendant.


FREDERICK van PELT BRYAN, District Judge.

This is an action, pursuant to 42 U.S. C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare.

Plaintiff, who became entitled to old age insurance benefits under Section 202 (a) of the Social Security Act, 42 U.S.C. A. § 402(a), when he reached 65, in December 1953, was allowed benefits based, as the Act provides, on his average monthly wages prior to reaching that age...

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