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WAGES v. SCHWEIKER

No. 80-7375.

659 F.2d 59 (1981)

Lucille M. WAGES, o/b/o Nancy Marie Beckworth, Richare Lee Beckworth and Dorthory Wages Beckworth (Deceased), Plaintiffs-Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

October 15, 1981.

Attorney(s) appearing for the Case

Bogart & Moss, Joel Y. Moss, Atlanta, Ga., for plaintiffs-appellants.

Jim Baker, U.S. Atty., Steven R. Silver, Dennis R. Williams, Dept. of Health & Human Services, Atlanta, Ga., for defendant-appellee.

Before RONEY, HENDERSON and HATCHETT, Circuit Judges.

RONEY, Circuit Judge:

On February 7, 1969, Floyd R. Beckworth quit his employment, left his home, and has not been heard from or seen since. Plaintiff brought a claim on behalf of his children for survivor's social security insurance benefits. The Secretary denied the claim. The district court affirmed. We reverse.

The decision in this case is controlled by Autrey v. Harris, 639 F.2d 1233 (5th Cir. 1981), decided after...

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