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CAIN v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 10997.

377 F.2d 55 (1967)

Edna U. CAIN, Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 21, 1967.

Attorney(s) appearing for the Case

J. F. Bishop, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, and Terrell L. Glenn, U. S. Atty., on brief), for appellant.

Donald D. Aaron (Law, Kirkland, Aaron & Alley, and Winter & Winter, Columbia, S. C., on brief), for appellee.

Before WINTER and CRAVEN, Circuit Judges, and HARVEY, District Judge.

WINTER, Circuit Judge:

The Secretary of Health, Education and Welfare appeals from a decision reversing his denial of benefits to Mrs. Edna U. Cain ("claimant"). Mrs. Cain sought benefits for herself, as the purported widow of Allen Cain, Jr., the natural child of the former marriage, and her children by other fathers, as the purported stepchildren of the deceased wage earner. The Secretary determined that the claimant and the wage earner had been divorced and refused...

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