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BROWN v. HECKLER

No. 83-1083.

723 F.2d 1135 (1983)

Jeanette BROWN, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided December 28, 1983.

Attorney(s) appearing for the Case

Alan M. Kraut (argued), Kraut & Kraut, West Chester, Pa., for appellant.

Diane C. Moskal, Regional Atty., Charlotte Hardnett (argued), Asst. Regional Atty., Region III, Department of Health and Human Services, Philadelphia, Pa., Peter F. Vaira, U.S. Atty., Serena H. Dobson, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before WEIS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Jeanette Brown applied for widow's insurance benefits under Section 202(e) of the Social Security Act, 42 U.S.C. § 402(e), claiming that her husband, David Brown, whom she married in 1949, had been missing since 1972 and must be presumed dead. The Department of Health and Human Services (HHS) denied the application, and the district court upheld that...

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