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WEINGER v. MACY

No. 65-C-143.

247 F.Supp. 240 (1965)

Mollie WEINGER a/k/a Mollie Weiner, Plaintiff, v. J. W. MACY, Jr., L. J. Andolsek and Robert E. Hampton as United States Civil Service Commissioners, Defendants.

United States District Court E. D. New York.

November 16, 1965.

Attorney(s) appearing for the Case

Goldweber, Ugelow, Hershkowitz & Balsam, Jamaica, N. Y., for plaintiff; by Joel Balsam, Jamaica, N. Y., of counsel.

Joseph P. Hoey, U. S. Atty., for defendants; by Ronald Gene Wohl, Asst. U. S. Atty., of counsel.

RAYFIEL, District Judge.

This action was instituted under Section 1009 of Title 5, United States Code, to review an order of the United States Civil Service Commission (the Commission) which denied the plaintiff survivor annuity benefits as the widow of Abraham Weinger, also known as Abraham Weiner, formerly an employee of the United States Government. The parties have cross-moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

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