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GUARINO v. CELEBREZZE

No. 14765.

336 F.2d 336 (1964)

Angelo GUARINO, Executor of Estate of Carmen Ciciretti, Deceased v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Third Circuit.

Decided August 21, 1964.

Attorney(s) appearing for the Case

Robert V. Zener, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

A. A. Guarino, Philadelphia, Pa., for appellee.

Before KALODNER, FORMAN and SMITH, Circuit Judges.

KALODNER, Circuit Judge.

This appeal is from a summary judgment for the plaintiff in an action brought pursuant to 42 U.S.C.A. 405(g) to review a final decision of the Secretary of Health, Education and Welfare refusing to make any payment of benefits to the estate of the deceased wage earner Carmen Ciciretti. The opinion of the District Court is reported at 222 F.Supp. 345 (E.D.Pa.1963).

The undisputed relevant facts...

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