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HEIKKILA v. CELEBREZZE

No. 40962.

222 F.Supp. 629 (1963)

Phyllis HEIKKILA, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant.

United States District Court N. D. California, S. D.

October 17, 1963.

Attorney(s) appearing for the Case

McMurray, Walker & Tepper, San Francisco, Cal., for plaintiff.

Cecil F. Poole, U. S. Atty., Robert S. Marder, Asst. U. S. Atty., San Francisco, Cal., for defendant.

HARRIS, Chief Judge.

Plaintiff and defendant herein have filed cross-motions for summary judgment. The salient facts are not in dispute.

Plaintiff, widow of William Heikkila who died on May 7, 1960, made application for the lump sum benefit payable under Section 202(i) of the Social Security Act (42 U.S.C.A. § 402(i). Her husband was covered for the requisite period to provide such payment to his secondary beneficiary, his wife. Taxes were collected over...

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