No. 82-1604.

709 F.2d 247 (1983)

WHITE, Blanche v. SCHWEIKER, Richard, Secretary Department of Health and Human Services of the United States. Appeal of SECRETARY OF HEALTH AND HUMAN SERVICES.

United States Court of Appeals, Third Circuit.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Leonidas A. Allen, Philadelphia, Pa., for appellee.

Peter F. Vaira, Jr., U.S. Atty., Rachel Shao, Asst. U.S. Atty., E.D.Pa., Diane C. Moskal, Regional Atty., Gary S. Turetsky, Asst. Regional Atty., Philadelphia, Pa., for appellant.

Before GIBBONS and BECKER, Circuit Judges, and WEBER, District Judge.

Submitted under Third Circuit Rule 12(6) May 31, 1983.


GIBBONS, Circuit Judge:

The Secretary of Health and Human Services appeals from the district court's grant of summary judgment and order awarding widow's insurance benefits to the plaintiff, Blanche White. Although the equities in this case are compelling, Dwyer v. Califano, 636 F.2d 908 (3d Cir.1980), requires that we reverse.

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