Persis S. Widermann v. Elliott L. Richardson, Secretary of Health, Education and Welfare ( 1971 )

451 F.2d 1228

Persis S. WIDERMANN, Appellant,
v.
Elliott L. RICHARDSON, Secretary of Health, Education and
Welfare, Appellee.

No. 144, Docket 71-1777. (Reporting Services Requested to
Publish Headnote Only.)

United States Court of Appeals,
Second Circuit.

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

Before MEDINA, MANSFIELD and MULLIGAN, Circuit Judges.

1

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. Secs. 402(d) and (e), and denying plaintiff's motion for summary judgment.

2

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