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KURZ v. CELEBREZZE

No. 63-C-86.

225 F.Supp. 528 (1963)

Alice T. KURZ, Plaintiff, v. Anthony J. CELEBREZZE, as Secretary of Health, Education and Welfare of the United States, Defendant.

United States District Court E. D. New York.

December 19, 1963.

Attorney(s) appearing for the Case

Lynton, Klein, Opton & Saslow, New York City, for plaintiff; Frank G. Opton, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., E. D. New York, for defendant; Leonard J. Theberge, Asst. U. S. Atty., of counsel.

BRUCHHAUSEN, District Judge.

Both the plaintiff and defendant move for summary judgment. The facts are not in dispute. The sole issue is one of law.

This action was instituted for review of a final decision of the Secretary of Health, Education and Welfare, pursuant to 42 U.S.C. 405(g).

THE FACTS

On February 3, 1956, the plaintiff, Alice J. Kurz, filed with the Social Security Administration, hereinafter called the Administration, an application...

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