ROSENBERG v. RICHARDSON

No. 1118, Docket 75-6138.

538 F.2d 487 (1976)

Frieda ROSENBERG, Plaintiff-Appellant, v. Elliot RICHARDSON, Secretary of Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 16, 1976.


Attorney(s) appearing for the Case

Donald J. Fleishaker, New York City, for plaintiff-appellant.

David G. Trager, U.S. Atty. for the Eastern District of New York, Brooklyn, N.Y. (Josephine Y. King, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and TIMBERS, Circuit Judge.


IRVING R. KAUFMAN, Chief Judge:

Although preservation of the fisc is a laudable goal, public officials must pursue it with discretion, lest deserving individuals be deprived of payments Congress clearly intended them to have. This maxim applies with even greater force when the benefits are not governmental largesse, but instead have been purchased by or for the claimant. It is therefore difficult to understand why the Government has, in this case, spent seven years...

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