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GREY v. HECKLER

No. 709, Docket 82-6249.

721 F.2d 41 (1983)

Mozell GREY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 24, 1983.

Attorney(s) appearing for the Case

Florence Roberts, Brooklyn, N.Y. (Brooklyn Legal Services Corp. A, and Arnold Rothbaum, Brooklyn, N.Y., of counsel), for plaintiff-appellant.

Beryl Jones, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles M. Tepper and Ben Wiles, Asst. U.S. Attys., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, VAN GRAAFEILAND and PIERCE, Circuit Judges.

LUMBARD, Circuit Judge:

Following the death of Arthur Grey, Mozell Grey applied for widow's insurance benefits, pursuant to section 202(e) of the Social Security Act, 42 U.S.C. § 402(e). The Secretary of Health and Human Services denied her application, finding that Arthur had divorced her some time between 1931 and 1961 and that Margaret Grey, who married Arthur in 1961, was his surviving wife. The district court affirmed the Secretary's determination, finding...

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