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KAPLAN v. FLEMMING

Civ. 20290.

190 F.Supp. 526 (1961)

Samuel Ray KAPLAN, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. New York.

January 13, 1961.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City, for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendant, Ann B. Miele, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BARTELS, District Judge.

In this action for review of a final decision of the Social Security Administration1, both parties move for summary judgment pursuant to Rule 56, Fed.Rules Civ.Proc., 28 U.S.C.A. There is no issue of fact in this action, merely an issue of law.

On October 16, 1959 the Social Security Administration rendered a final decision upon a claim for Old Age Insurance benefits filed by plaintiff which held that he...

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