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McSWEENEY v. CELEBREZZE

Civ. A. No. 64 Civ. 1809.

253 F.Supp. 100 (1966)

Della J. McSWEENEY, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

March 31, 1966.

Attorney(s) appearing for the Case

Irwin A. Rosenberg, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant, Alan G. Blumberg, Asst. U. S. Atty., of counsel.

HERLANDS, District Judge:

Plaintiff, Della J. Hassett McSweeney, has moved "for an order granting the plaintiff judgment upon the pleadings herein and * * * transcript of the record, pursuant to Section 405(g) Title 42, United States Code * * *."

The ultimate issue is whether the administrative decision1—that plaintiff was not the common-law wife of Callaghan L. McSweeney under the substantive law of New York State, and...

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