RASMUSSEN v. GARDNER

No. 9006.

374 F.2d 589 (1967)

Ray RASMUSSEN, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare of the United States of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 9, 1967.


Attorney(s) appearing for the Case

George F. Saunders, Oklahoma City, Okl., for appellant.

Robert L. Berry, Asst. U. S. Atty., Oklahoma City, Okl. (B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant made application under the Social Security Act, based on the earning record of his deceased wife, for lump sum death benefits (42 U.S.C.A. § 402(i)), and for benefits on behalf of their three children (42 U.S.C.A. § 402 (d)). The applications were denied for the reason that the deceased wife was not an insured person at the time of her death. An administrative hearing was thereafter held, and the hearing examiner also held...

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