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GIANFORTI v. RIBICOFF

Civ. No. 9080.

200 F.Supp. 450 (1961)

Christina GIANFORTI, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education & Welfare, Defendant.

United States District Court W. D. New York.

October 31, 1961.

Attorney(s) appearing for the Case

Lacy, Katzen & Greene, Rochester, N. Y., for plaintiff.

John T. Curtin, U. S. Atty., Buffalo, N. Y., for defendant.

BURKE, Chief Judge.

Motion to dismiss the complaint.

Plaintiff, claiming to be the widow of Salvatore Gianforti, filed a claim for widow's insurance benefits under the Social Security Act on June 11, 1958. The Social Security Administration mailed to the plaintiff a notice dated September 30, 1958 stating that "since the relationship requirement has not been met in this case, no payment may be made to you." The notice further stated "A person has a right to...

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