GRAVES v. GARDNER

No. 67 Civ. 796.

280 F.Supp. 666 (1968)

Howard C. GRAVES, Plaintiff, v. John GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

March 5, 1968.


Attorney(s) appearing for the Case

Alexander & Green, New York City, for plaintiff; Paul M. Frank, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendant; Michael D. Hess, Asst. U. S. Atty., Southern District of New York, of counsel.


METZNER, District Judge:

Plaintiff and defendant move for summary judgment pursuant to rule 56 of the Federal Rules of Civil Procedure in an action under 42 U.S.C.A. § 405(g) for review of a final decision of the defendant, the Secretary of Health, Education and Welfare. Only an issue of law is presented as to whether or not sick leave payments to a state employee are to be considered wages under § 209 of the Social Security Act, 42 U.S.C.A. § 409,...

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