MARTLEW v. CELEBREZZE

No. 19995.

320 F.2d 887 (1963)

Leslie E. MARTLEW and wife, Emma N. Martlew, Appellants, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

July 18, 1963.


Attorney(s) appearing for the Case

John M. Smith, Longview, Tex., for appellants.

Stephen B. Swartz, Atty., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before HUTCHESON, Circuit Judge, LUMBARD, Chief Judge, and BROWN, Circuit Judge.


HUTCHESON, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Texas, affirming the decision of the Secretary of Health, Education and Welfare, that appellant, Leslie E. Martlew, was not entitled to "oldage insurance benefits", and, consequently, that his wife, appellant, Emma N. Martlew, was not entitled to "wife's insurance benefits" under Section 202(a) and (b) of the Social Security Act, 42 U.S.C. §...

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