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HABERMAN v. FINCH

No. 134, Docket 33855.

418 F.2d 664 (1969)

Sylvia HABERMAN, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Second Circuit.

Decided October 28, 1969.

Attorney(s) appearing for the Case

Martin I. Kaminsky. Wachtell, Manheim & Grouf, New York City, for appellant.

David L. Katsky, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Alan B. Morrison, Asst. U. S. Atty., on the brief), for appellee.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

To decide plaintiff Sylvia Haberman's claim for student benefits for her daughter Ellen under section 202(d) (1) (B) (i) of the Social Security Act, 42 U.S.C. § 402(d) (1) (B) (i), we must determine only whether Ellen was a "full-time student" as that term is used in the Act.

The essential facts are stipulated, and may be stated briefly. After graduation from Junior High School at the age of 14, Ellen was forced to discontinue...

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