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DAVIS v. CALIFANO

Nos. 78-2374, 78-2375.

603 F.2d 618 (1979)

Mary DAVIS, Plaintiff-Appellee, Cross-Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 1979.

Attorney(s) appearing for the Case

John W. Wojciechowski, Social Security Div., Baltimore, Md., for defendant-appellant, cross-appellee.

Barbara L. Samuels, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiff-appellee, cross-appellant.

Before FAIRCHILD, Chief Judge, MOORE, Senior Circuit Judge, and WOOD, Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Henry Davis, a truckdriver, died in 1972. One year later his two wives applied for widow's insurance benefits under the Social Security Act, 42 U.S.C. § 401 et seq. The Secretary of Health, Education and Welfare ruled that the first wife, Novella, was the "legal" widow. The second wife, Mary, filed this action against the Secretary in federal district court. The district court judge, while finding that Novella was the...

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