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PALMER v. CELEBREZZE

No. 14694.

334 F.2d 306 (1964)

Marie D. PALMER, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education & Welfare.

United States Court of Appeals Third Circuit.

Decided July 17, 1964.

Attorney(s) appearing for the Case

Walter M. Strine, Jr., Media, Pa., for appellant.

Stephen B. Swartz, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, HASTIE, Circuit Judge, and KIRKPATRICK, District Judge.

KIRKPATRICK, District Judge.

This appeal is from a summary judgment for the defendant entered by the District Court in an action brought pursuant to 42 U.S.C. 405(g) to review a final decision of the Secretary of Health, Education and Welfare denying the plaintiff old age insurance benefits.

Mrs. Palmer, the plaintiff, a widow, has resided with her brother from 1951 until the present time in a house of which each owns an undivided one-third interest. Since...

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