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GARDNER v. WILCOX

No. 20369.

370 F.2d 492 (1966)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Wanda U. WILCOX, Appellee.

United States Court of Appeals Ninth Circuit.

September 19, 1966.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, J. F. Bishop, Attys., Dept. of Justice, Washington, D. C.; Frank R. Freeman, U. S. Atty., Yakima, Wash., for appellant.

Perry J. Robinson, Yakima, Wash., for appellee.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge:

This action was brought by appellee to review a final decision of appellant Secretary of Health, Education and Welfare, denying appellee's claim for social security benefits based upon the alleged death of appellee's husband. The Secretary's denial was based upon a decision by a Department hearing examiner adverse to appellee, and the Department's affirmance of that decision on administrative appeal...

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