Larmay v. Hobby

GRUBB, District Judge.

This is an action brought to require defendant to make a finding that plaintiff is entitled to mother’s insurance benefits under Section 402(g) of Title 42, U.S. C.A. The answer pleads that the findings are supported by substantial evidence and therefore conclusive. There was filed as a part of the answer a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based. Defendant filed a motion for summary judgment on the ground that no genuine issue of fact exists and that the defendant is entitled to…