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ROCKER v. CELEBREZZE

No. 217, Docket 30138.

358 F.2d 119 (1966)

Mathilde ROCKER, as wife of Louis P. Rocker, wage earner, Claimant, Appellant, v. Anthony J. CELEBREZZE, Secretary of the Department of Health, Education and Welfare, Appellee.

United States Court of Appeals Second Circuit.

Decided March 8, 1966.

Attorney(s) appearing for the Case

Max Leichtman, New York City, for appellant.

Lawrence W. Schilling, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, James G. Greilsheimer, Sp. Asst. U. S. Atty., on the brief), for appellee.

Before MEDINA, MOORE and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge.

Mathilde Rocker appeals from a judgment, upholding the denial by the Secretary of Health, Education and Welfare of her application for Social Security benefits as the "wife" of wage earner, Louis P. Rocker.1 We affirm.

The record in this case reveals a marital history not uncommon, unfortunately, in contemporary society. Mathilde and Louis were married in New York in September 1918. After raising four children...

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