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GERSHMAN v. FINCH

No. 71-1052.

454 F.2d 229 (1971)

Rhoda GERSHMAN, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1971.

Attorney(s) appearing for the Case

Samuel Shepard Jones, Jr., Washington, D. C. (Court-assigned counsel), Hogan & Hartson, Washington, D. C., for appellant.

Jean G. Rogers, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and DUPREE, District Judge.

WINTER, Circuit Judge:

Plaintiff, Rhoda Gershman, sought review of the Secretary's denial of her claim for mother's insurance benefits as the divorced former wife of a deceased wage earner. Her companion claim for benefits for her children was allowed. The Secretary concluded that plaintiff was not receiving at least one-half of her support from her deceased husband at the time of his death; and the district court, concluding that there was substantial evidence to...

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