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WIENER v. FOLSOM

Civ. A. No. 883.

153 F.Supp. 21 (1957)

Lillian WIENER, Plaintiff, v. Marion B. FOLSOM, as Secretary of the Department of Health, Education and Welfare of the United States of America, Defendant.

United States District Court D. New Jersey.

July 16, 1957.

Attorney(s) appearing for the Case

Louis Kraemer, New York City, for plaintiff.

Chester A. Weidenburner, U. S. Atty., Newark, N. J., Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., for defendant.

MODARELLI, District Judge.

This matter is before the court on a motion for summary judgment brought by the defendant in a suit to review a "final decision" of the Secretary of the Department of Health, Education and Welfare apropos certain benefits claimed under the Social Security Act, 42 U.S.C.A. § 405(g).

Plaintiff is the claimant-widow of the wage earner, Samuel E. Wiener, whose death on September 28, 1946, gave rise to her eligibility for benefits...

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