PAYTON v. FINCH

No. 70-C-130.

320 F.Supp. 254 (1970)

Dora PAYTON, Plaintiff, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Wisconsin.

November 20, 1970.


Attorney(s) appearing for the Case

Timothy P. Garrity of Milwaukee Legal Services, Milwaukee, Wis., for plaintiff.

Joseph Stadtmueller, Asst. U. S. Atty., Milwaukee, Wis., for defendant.


DECISION AND ORDER

MYRON L. GORDON, District Judge.

The defendant has moved for summary judgment contending that the complaint raises no genuine issues of material fact and that it must be dismissed as a matter of law. The plaintiff's action is brought pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

The defendant determined administratively that Mrs. Payton was not entitled...

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