241 F.Supp. 733 (1965)

Joseph SCOTT and Bunia Scott, Plaintiffs, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Defendant.

United States District Court S. D. New York.

June 4, 1965.

Attorney(s) appearing for the Case

Walter & Tepper, Brooklyn, N. Y., for plaintiffs; Julian C. Tepper, Brooklyn, N. Y., of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant; Edward L. Smith, New York City, of counsel.

FEINBERG, District Judge.

The key issue on this motion is the validity of a 1956 transfer of a small retail business by plaintiff Joseph Scott to his wife, plaintiff Bunia Scott. The transfer was first held invalid in 1956 by a district office of the Social Security Administration ("SSA").1 Thereafter, in April 1958, an area office of SSA held that the first determination was incorrect and, as a result, social security benefits became...


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