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YOUNG v. GARDNER

No. 65 Civ. 3436.

259 F.Supp. 528 (1966)

Agnes B. YOUNG, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

August 15, 1966.

Attorney(s) appearing for the Case

Harold B. Berke, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, Judith N. Stein, Asst. U. S. Atty., of counsel, for defendant.

MEMORANDUM

TENNEY, District Judge.

Under Section 202(e) (1) of the Social Security Act (hereinafter cited as the "Act"), 42 U.S.C. § 402(e) (1) (1964), the widow of an individual who died a "fully-insured individual" is entitled to a widow's insurance benefit.

This case presents the issue of whether the deceased husband herein may be credited for social security purposes with self-employment income...

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