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HENSON v. HARRIS

No. 79 Civ. 3670.

503 F.Supp. 1 (1980)

Mildred HENSON, Plaintiff, v. Patricia Roberts HARRIS, in her capacity as Secretary of the United States Department of Health, Education and Welfare, Defendant.

United States District Court, S. D. New York.

February 6, 1980.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc. by Stephen Norman, New Rochelle, N.Y., for plaintiff.

Robert B. Fiske, U. S. Atty., New York City, for defendant.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

The question before us is whether it can be said as a matter of law that the plaintiff was not without fault in accepting payments from the Social Security Administration to which she was not entitled.1 It is conceded that she was not entitled to those payments by reason of the fact that she was concurrently receiving Veterans Administration survivor's benefits. The facts

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