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SMITH v. HECKLER

No. 82-5386.

707 F.2d 1284 (1983)

Lucille SMITH, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 23, 1983.

Attorney(s) appearing for the Case

R.A. Culbertson, Greater Orlando Area Legal Services, Inc., Orlando, Fla., for plaintiff-appellant.

Kendell W. Wherry, Robert W. Genzman, Asst. U.S. Attys., Orlando, Fla., for defendant-appellee.

Before KRAVITCH, HENDERSON and ANDERSON, Circuit Judges.

ALBERT J. HENDERSON, Circuit Judge:

The appellant, Lucille Smith, applied for Social Security widow's insurance benefits pursuant to the provisions of 42 U.S.C. § 402(e)(1) (1976).1 The Secretary of Health and Human Services (Secretary) denied her claim on the ground that she was not legally the deceased wage earner's wife because she had not dissolved a previous common law marriage. She...

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