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COX v. STATE SOCIAL WELFARE BOARD

Docket No. 19029.

193 Cal.App.2d 708 (1961)

14 Cal. Rptr. 776

ELMER T. COX, Respondent, v. STATE SOCIAL WELFARE BOARD, Appellant.

Court of Appeals of California, First District, Division One.

July 17, 1961.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Elizabeth Palmer and Leonard M. Sperry, Jr., Deputy Attorneys General, for Appellant.

Dallas D. Brock for Respondent.

TOBRINER, J.

Does a State Social Welfare Board regulation that requires the applicant for state old age security benefits to exhaust potential resources in the form of his wife's present right to apply for federal benefits at the age of 62, instead of waiting until she reaches the age of 65, exceed legislative authorization, violate the Fourteenth Amendment and contravene an alleged previous contrary judgment of the superior court? The trial court answered these questions...

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