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YATES v. CALIFANO

No. C 77-0323-L(B).

471 F.Supp. 84 (1979)

Harlan R. YATES, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

United States District Court, W. D. Kentucky, Louisville Division.

January 25, 1979.

Attorney(s) appearing for the Case

Neil A. Banks, Louisville, Ky., for plaintiff.

Albert Jones, U. S. Atty., C. Fred Partin, Asst. U. S. Atty., Western District Ky., Louisville, Ky., for defendant.

MEMORANDUM

BALLANTINE, District Judge.

This is an appeal from the decision of the Secretary of the Department of Health, Education and Welfare (Secretary) denying benefits. It is apparently a case of first impression.

Plaintiff and Betty Yates were married in 1947. Six children, five of whom survived, were born to plaintiff and Betty. In November, 1961, plaintiff and Betty were granted an absolute divorce by the Jefferson Circuit Court. Shortly thereafter...

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