U.S. Court of Appeals for the Fifth Circuit, 1961

Clarice Marie Marek v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

Clarice Marie Marek v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare
U.S. Court of Appeals for the Fifth Circuit · Decided October 6, 1961 · Tuttle, Jones, Wisdom
295 F.2d 691; 1961 U.S. App. LEXIS 3517 (Federal Reporter, Second Series)

Clarice Marie Marek v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

Opinion

*692 PER CURIAM.

On consideration of the motion of appellee to remand the above entitled and numbered cause to the District Court with instructions that the action be further remanded to the Secretary of Health, Education and Welfare for a determination of the amount of the survivor’s benefits to which appellant and her children, Gale E. Swefford and Marla J. Swefford,

are entitled under the Act, and of the reply of appellant consenting to said motion,

It is ordered that the judgment of the District Court, 192 F.Supp. 528, is hereby vacated and the cause is remanded for that purpose pursuant to said motion.

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