Beatrice M. Anderson v. Elliott L. Richardson, Secretary of Health, Education and Welfare

WILLIAM E. MILLER, Circuit Judge.

This appeal arises out of a decision of the district court declining to request the convening of a three-judge district court and granting summary judgment for the defendant resulting in a dismissal of the action.

In 1968, the appellant, Mrs. Beatrice Anderson, applied for and received monthly Survivors’ Benefits (OASDI) as the widow of the deceased insured, Napoleon Anderson. The benefits totaling $108.90 per month were paid by the Social Security Administration under Title II of the Social Security Act, 42 U.S.C. § 401 et seq.

On October 7, 1969, Mrs. Anderson…