WIDERMANN v. RICHARDSON, 451 F.2d 1228 (2nd Cir. 1971)

PERSIS S. WIDERMANN, APPELLANT, v. ELLIOTT L. RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE, APPELLEE.

No. 144, Docket 71-1777.United States Court of Appeals, Second Circuit.Argued October 19, 1971.
Decided November 10, 1971.

Appeal from a judgment of the United States District Court for the Eastern District of New York, Anthony J. Travia, Judge, 329 F.Supp. 636, dismissing a complaint pursuant to §§ 202(d) and (e) of the Act, 42 U.S.C. §§ 402(d) and (e), and denying plaintiff’s motion for summary judgment.

Before MEDINA, MANSFIELD and MULLIGAN, Circuit Judges.

[1] Reversed and remanded with directions that summary judgment be entered in favor of appellant.

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