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POLOTTI v. FOLSOM

Civ. No. 18283.

167 F.Supp. 809 (1957)

Shirley POLOTTI, on behalf of herself, and on behalf of her infant son, Charles F. Polotti, Plaintiff, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

November 14, 1957.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for plaintiffs, motion for summary judgment and in opposition to defendant's motion for summary judgment.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., by James M. Fitzsimons, Asst. U. S. Atty., New York City, of counsel, for defendant's motion for summary judgment and in opposition to plaintiff's motion for summary judgment.

RAYFIEL, District Judge.

These are cross motions for summary judgment.

The plaintiff brings this action under Sec. 405(g) of Title 42 U.S.C.A. in her own behalf and in behalf of her infant son to review the decision of the Social Security Administrator, denying their claims for Social Security benefit payments.

The facts, which are undisputed, follow: On October 27, 1926 Louis Polotti, the wage earner, married one Theresa Marie Geraci in the church...

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