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DWYER v. CALIFANO

No. 80-1186.

636 F.2d 908 (1980)

DWYER, Hilda G. v. CALIFANO, Joseph, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 11, 1980.

Attorney(s) appearing for the Case

Peter F. Vaira, U.S. Atty., Gary Tilles, Asst. U.S. Atty., Philadelphia, Pa. and Stephanie W. Naidoff, Regional Atty., Larry H. Bailine, Asst. Regional Atty. (argued), Dept. of Health, Ed. & Welfare, Philadelphia, Pa. and Leonard Schaitman, Wendy M. Keats, Civil Division, U.S. Dept. of Justice, Washington, D.C., for appellant.

Ivan Shomer, (argued), Philadelphia, Pa., for appellee.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This is an appeal from the district court's November 23, 1979, order granting the plaintiff's cross-motion for entry of summary judgment against the Secretary of Health, Education and Welfare. The plaintiff, Hilda Dwyer, sought part of the social security insurance benefits payable by reason of the death of her husband, Roland Dwyer. The district court awarded such partial benefits to her and denied the...

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