BURNETT v. SCHWEIKER

No. 80-7155.

643 F.2d 1168 (1981)

Vera BURNETT, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied June 15, 1981.


Attorney(s) appearing for the Case

Brian Rogal, Savannah, Ga., W. David Arnold, Atlanta, Ga., Phyllis J. Holmen, Douglasville, Ga., for plaintiff-appellant.

Henry Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., for defendant-appellee.

Before HILL, FAY and HATCHETT, Circuit Judges.


HATCHETT, Circuit Judge:

The appellant, Vera Burnett, urges us to declare unconstitutional Section 416(h)(1)(B), 42 U.S.C., which provides mother's benefits to "deemed widows," but terminates these benefits once a "legal widow" applies for benefits. Finding the statutory scheme rational, we affirm the trial court.

FACTS

In 1934, Willie Burnett, the deceased wage earner, married Ella Marie Rawls. Shortly after their marriage, they separated and Rawls...

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