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NOTT v. FLEMMING

No. 232, Docket 25375.

272 F.2d 380 (1959)

Sophie NOTT, Plaintiff-Appellant, v. Arthur FLEMMING, Secretary of Health, Education and Welfare, United States of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 1, 1959.

Attorney(s) appearing for the Case

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

Arthur H. Christy, U.S. Atty., Southern Dist. of New York, New York City (John A. Guzzeta, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

Under section 202(e) of the Social Security Act, 42 U.S.C.A. § 402(e), the widow of an insured wage earner is entitled to survivor's benefits. This case presents the issue of whether a widow who has lost her right to survivor's benefits by virtue of a subsequent ceremonial marriage regains this right when that marriage has been annulled by a decree of a New York state court.

The undisputed facts are as follows:

Appellant...

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