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SIMPSON v. WEINBERGER

Civ. A. No. 8063.

365 F.Supp. 851 (1973)

Mrs. Anna Belle SIMPSON v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare.

United States District Court, E. D. Tennessee, N. D.

June 5, 1973.

Attorney(s) appearing for the Case

R. Franklin Norton, Ritchie & Norton, Knoxville, Tenn., A. Benjamin Strand, Jr., Dandridge, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action commenced pursuant to Title 42 U.S.C. § 405(g) to review the final determination of the Secretary of Health, Education and Welfare denying plaintiff disabled widow's benefits.

Title 42 U.S.C. § 423(d)(2)(B) defines the term "disability" as it applies to widows. This section provides that

"A widow, surviving divorced wife, or widower shall not be determined to be under...

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