DOWELL v. GARDNER

No. 17369.

386 F.2d 809 (1967)

Eileen DOWELL, Plaintiff-Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 30, 1967.


Attorney(s) appearing for the Case

J. F. Bishop, Atty., Dept. of Justice, Washington, D. C., for appellant, J. William Doolittle, Acting Asst. Atty. Gen., David L. Rose, Atty. Dept. of Justice, Washington, D. C., Robert M. Draper, U. S. Atty., Dayton, Ohio, on brief.

William H. Thornburgh, Troy, Ohio, for appellee. Faust, Harrelson & Thornburgh, Troy, Ohio, on brief.

Before PHILLIPS, McCREE and COMBS, Circuit Judges.


PHILLIPS, Circuit Judge.

John B. Dowell deserted his third wife and four small children in 1957. Another child was born to the wife six months later, and one of the children has died in the interim. The issue is whether the four children now surviving are entitled to Social Security survivors' benefits on the earnings of their father upon the theory that he is presumed to be dead after an absence of more than seven years.

The Social Security regulations contain...

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