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

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.