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STEELE v. RICHARDSON

No. 25, Docket 72-1304.

472 F.2d 49 (1972)

Lucille STEELE, Plaintiff-Appellant, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 22, 1972.

Attorney(s) appearing for the Case

Kalman Finkel, The Legal Aid Society, Carol Berkman, New York City, for plaintiff-appellant.

Whitney North Seymour, Jr., U. S. Atty., for the S. D. N. Y.; Stanley H. Wallenstein and Joseph P. Marro, Asst. U. S. Attys., for defendant-appellee.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

Lucille Steele appeals from an order of the United States District Court for the Southern District of New York, Edmund L. Palmieri, J., which granted summary judgment to the Secretary of Health, Education and Welfare, and denied appellant Social Security benefits as a widowed mother. The basic issue before the Secretary was whether appellant was the "widow" of Howard Steele, the insured wage earner, when he died. The Secretary decided that...

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