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CUNNINGHAM v. HARRIS

No. 80-1615.

658 F.2d 239 (1981)

Mary J. CUNNINGHAM, Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1981.

Rehearing and Rehearing Denied September 1, 1981.

Attorney(s) appearing for the Case

Paul E. Meyer, Greensboro, N. C. (Robert S. Payne, Greensboro, N. C., Douglas Scott, Central Carolina Legal Services, Inc., on brief), for appellant.

Dennis R. Williams, Asst. Regional Atty., Dept. of Health and Human Services, Atlanta, Ga. (H. M. Michaux, Jr., U. S. Atty., Durham, N. C., Carl H. Harper, Regional Atty., Washington, D. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and MURNAGHAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 1, 1981.

BUTZNER, Circuit Judge:

Mary Jackson Cunningham appeals from the judgment of the district court affirming the decision of the Secretary of Health and Human Services to deny her widow's insurance benefits under § 202(e) of the Social Security Act, 42 U.S.C. § 402(e). The sole issue on appeal is whether the claimant and Richard Cunningham, the wage earner, were "living in the same household...

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