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LAZARUS v. WEINBERGER

No. 75 C 366.

400 F.Supp. 378 (1975)

Binnie LAZARUS, as mother and natural guardian of Shari Kurtz, et al., Plaintiff, v. Caspar WEINBERGER, as Secretary of United States Department of Health, Education, and Welfare, Defendant.

United States District Court, E. D. New York.

September 8, 1975.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., by David McMorrow, Asst. U. S. Atty., for defendant.

Martin B. Adelman, New York City, for plaintiff.

MEMORANDUM AND ORDER

BRAMWELL, District Judge.

This is an action, pursuant to 42 U.S. C. § 405(g), to review the final determination of the Secretary of Health, Education, and Welfare which denied survivor's benefits to plaintiff's three children. Both parties have moved for an order granting judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ. P.

On April 29, 1971, plaintiff filed an application for surviving childrens' insurance benefits...

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