DE SOUCEY v. FLEMMING


194 F.Supp. 348 (1960)

Linda DE SOUCEY, Gerald De Soucey, by Myrtle J. De Soucey, their next friend, Plaintiffs, v. Arthur S. FLEMMING, Secretary of Health, Education, and Welfare, Defendant.

United States District Court S. D. New York.

September 20, 1960.


Attorney(s) appearing for the Case

Lawrence G. Greene, New York City, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty., for Southern Dist. of New York, New York City, for defendant, Joseph P. Altier, Asst. U. S. Atty., New York City, of counsel.


LEVET, District Judge.

In this action by the above-entitled infants, the plaintiffs seek to set aside the decision of the Secretary of Health, Education, and Welfare and to secure an adjudication that such plaintiffs are entitled to "child's insurance benefits" under the Social Security Act, particularly Title 42 U.S.C.A. § 416(h)(1).

The parties to the suit have made cross-motions for judgment on the pleadings. The record of the administrative proceedings...

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