DWYER v. FOLSOM

Civ. No. 15948.

139 F.Supp. 571 (1956)

Elsie F. DWYER, Plaintiff, v. Marion B. FOLSOM, Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

March 29, 1956.


Attorney(s) appearing for the Case

Delaney & Feltman, New York City, Lee Feltman, New York City, of counsel, for plaintiff.

Leonard P. Moore, U. S. Atty, Brooklyn, N. Y., Myron Friedman, Asst. U. S. Atty., Long Beach, N. Y., of counsel, for defendant.


BRUCHHAUSEN, District Judge.

The plaintiff's motion is for judgment on the pleadings, or, in the alternative, for summary judgment in her favor. The defendant, by separate motion, seeks an order dismissing the complaint upon the ground that the Court does not have jurisdiction of the subject matter herein or, in the alternative, for summary judgment in his favor.

The question involved is whether the plaintiff is the widow of Robert E. Dwyer so as to entitle...

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