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McNEAL v. SCHWEIKER

No. 82-5632.

711 F.2d 18 (1983)

Nancy L. McNEAL, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 28, 1983.

As Amended July 13, 1983.

Attorney(s) appearing for the Case

Edith Benson, Northwestern Legal Services, Sharon, Pa., for appellant.

J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., Pittsburgh, Pa., Diane C. Moskal, Regional Atty., David L. Hyman, Asst. Regional Atty., Dept. of Health and Human Services, Region III, Philadelphia, Pa., for appellee.

Before ADAMS and WEIS, Circuit Judges, and DEBEVOISE, District Judge.

Submitted Under Third Circuit Rule 12(6) May 10, 1983.

OPINION OF THE COURT

DEBEVOISE, District Judge:

This case involves the review of a final decision of the Secretary of Health and Human Services denying plaintiff's, Nancy Lampkins McNeal's, application for survivor's insurance benefits. The wage earner, McKenzie Dunklin, Jr., died in 1971. Plaintiff claimed that she and Dunklin had entered into a common-law marriage in 1963 and that he was the...

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