Dwyer v. Folsom

BRUCHHAUSEN, District Judge.

The plaintiff’s motion is for judgment on the pleadings, or, in the alternative, for summary judgment in her favor. The defendant, by separate motion, seeks an order dismissing the complaint upon the ground that the Court does not have jurisdiction of the subject matter herein or, in the alternative, for summary judgment in his favor.

The question involved is whether the plaintiff is the widow of Robert E. Dwyer so as to entitle her to receive monthly insurance benefits upon reaching the age of 65 years, pursuant to the Social Security Act, 42 U.S.C.A. § 416(h) (1).

T…