Flores v. Secretary of Health, Education and Welfare

RUIZ-NAZARIO, Chief Judge.

Cross motions for summary judgment pursuant to Rule 56(a) (b) and (c) of the F.R.Civ.P. were the subject of hearing on the April 3, 1964 motion day.

Both parties concede that the factual situation which defendant’s hearing examiner had before him in considering plaintiff’s claim for child’s benefits on behalf of her children, Héctor Ramón and Virginia Diaz, was identical to that before the Court in González v. Hobby (D. C.P.R. March 31, 1953) 110 F.Supp. 893, as well as in the subsequent case of Vázquez v. Ribicoff (D.C.P.R. August 18, 1961) 196 F.Supp. 598.

However,…