Persis S. Widermann, Appellant, v. Elliott L. Richardson, Secretary of Health, Education Andwelfare, Appellee, 451 F.2d 1228 (2d Cir. 1971)

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US Court of Appeals for the Second Circuit - 451 F.2d 1228 (2d Cir. 1971)

Argued Oct. 19, 1971. Decided Nov. 10, 1971

Before MEDINA, MANSFIELD and MULLIGAN, Circuit Judges.

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 Secs. 202(d) and (e) of the Act, 42 U.S.C. §§ 402(d) and (e), and denying plaintiff's motion for summary judgment.

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