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NEWMAN v. GARDNER

No. 65-C-1254.

263 F.Supp. 58 (1967)

Harriet NEWMAN, on her own behalf and as mother and natural guardian of Gaile P. Newman, Plaintiffs, v. John GARDNER, as Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

January 24, 1967.

Attorney(s) appearing for the Case

Sol Rosenbluth, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty. Eastern District of New York, for defendant; Michael Rosen, Asst. U. S. Atty., of counsel.

ZAVATT, Chief Judge.

The defendant has moved for summary judgment. The plaintiff has made a cross-motion for summary judgment. The defendant's motion is denied. The plaintiff's cross-motion is granted.

This is an action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review the final decision of the Secretary of Health, Education, and Welfare (hereinafter Secretary) which held that the plaintiff Harriet Newman is not entitled...

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