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CAPPADORA v. CELEBREZZE

No. 17, Docket 29647.

356 F.2d 1 (1966)

Eleanor CAPPADORA, as Administratrix of the Estate of Agnes Penzner, deceased, and as General Guardian of the person, and property of Susan Jonica Penzner and Penny Dawn Penzner, infants, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 28, 1966.

Attorney(s) appearing for the Case

Barry, Treanor, Shandell & Zachary, New York City (Edward A. Shandell, Roger P. McTiernan, New York City, of counsel), for plaintiff-appellant.

John W. Douglas, Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., Morton Hollander, Max Wild, Washington, D. C., Attorneys, for defendant-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

This action, by the administratrix of the estate of Agnes Penzner and the guardian of her children, was brought in the District Court for the Eastern District of New York under the Social Security Act, 42 U.S.C. § 405(g), to review a decision of the Secretary of Health, Education and Welfare refusing to reconsider or reopen a 1954 disallowance of a claim for mother's and children's insurance benefits. From an order granting the Secretary...

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