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POLOTTI v. FLEMMING

No. 117, Docket 25605.

277 F.2d 864 (1960)

Shirley POLOTTI, on behalf of herself and on behalf of her infant son, Charles F. Polotti, Plaintiff-Appellee, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 26, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. New York, Brooklyn, N. Y. (James M. FitzSimons and Lawrence S. Levine, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for appellant.

H. Elliot Wales, New York City, for appellee.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

This action was brought in the United States District Court for the Eastern District of New York under Section 205 (g) of the Social Security Act, 42 U.S. C.A. § 405(g), to review a final decision, adverse to plaintiff, of the Secretary of Health, Education and Welfare. The court below granted plaintiff's motion for summary judgment insofar as to hold that Charles F. Polotti was the "child" of...

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