MARTIN v. HARRIS

No. 80-1314.

653 F.2d 428 (1981)

Betty Lou MARTIN, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 25, 1981.


Attorney(s) appearing for the Case

Kim L. Morris, and John R. Holland, Denver, Colo., for plaintiff-appellant.

Lillie Price, Dept. of Health and Human Services, Baltimore, Md. (Alice Daniel, Asst. Atty. Gen., Washington, D. C., Randolph W. Gaines, Chief of Litigation, Baltimore, Md. and Joseph F. Dolan, U. S. Atty., Denver, Colo.), for defendant-appellee.

Before DOYLE, McKAY, Circuit Judges, and O'CONNOR, District Judge.


WILLIAM E. DOYLE, Circuit Judge.

The case before us is an appeal from a final order of the United States District Court for the District of Colorado, which order denied appellant widow's disability benefits under Title II of the Social Security Act, more specifically 42 U.S.C. § 416(h)(1)(B). The issue in this case is whether, under the statutes as revised, the so-called deemed widow statute, plaintiff-appellant is entitled to receive benefits from the account...

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