PEREZ v. FINCH

Civ. No. 2574.

320 F.Supp. 787 (1970)

Petra PEREZ, a widow, Plaintiff, v. Robert S. FINCH, Secretary of Department of Health, Education and Welfare, Defendant.

United States District Court, E. D. Washington, S. D.

July 13, 1970.


Attorney(s) appearing for the Case

Boose & Garrison, Sunnyside, Wash., for plaintiff.

Dean Smith, U. S. Atty., and Robert S. Linnell, Asst. U. S. Atty., Yakima, Wash., for defendant.


MEMO DECISION

POWELL, Chief Judge.

The final decision of defendant disallowed plaintiff's application for widow's insurance benefits under 42 U.S.C.A. § 402(e). Plaintiff maintains as the surviving widow of the decedent Jose Perez she is entitled to social security benefits. They were denied to her on the ground that she was not married to decedent "for a period of not less than nine months immediately prior to the day on which he died" as required...

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