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BURROW v. FINCH

No. 19802.

431 F.2d 486 (1970)

Ruby J. BURROW, Plaintiff-Appellee, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

September 14, 1970.

Attorney(s) appearing for the Case

Thomas J. Press, Atty., Dept. of Justice, Washington, D. C., for appellant, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Calvin D. Hamilton, U. S. Atty. (former), Kansas City, Mo., and Kathryn H. Baldwin and Robert M. Heier, Attys., Dept. of Justice, Washington, D. C., on the brief.

Sol M. Yarowksy, Kansas City, Mo., for appellee, and filed brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

LAY, Circuit Judge.

The Secretary of H.E.W. has filed an appeal from the judgment of the district court which awarded retroactive social security benefits to late filing claimants. The effect of the judgment is to exceed the maximum amount, based upon the decedent's wage earning record, allotted under the Act to the deceased wage earner's "family." The benefits had already been totally (for some months) and partially (for...

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