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MANDO v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 1036, Docket 84-6006.

737 F.2d 278 (1984)

Gloria MANDO, for herself and on behalf of her daughter, Elissa Mando, and her son, Michael Mando, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 19, 1984.

Attorney(s) appearing for the Case

Shawn P. Leary, New York City (The Legal Aid Society, Kalman Finkel, Attorney-in-Charge, Civ. Div., Morton B. Dicker, Attorney-in-Charge, Litigation, Marshall Green, Director of Litigation, New York City, of counsel), for plaintiff-appellant.

Janice Siegel, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Patrick B. Northup, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge and POLLACK, District Judge.

FEINBERG, Chief Judge:

Gloria Mando appeals from the judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, J., affirming the determination of the Secretary of Health and Human Services that appellant and her two children were not entitled to Social Security survivors insurance benefits. The district court held that, although appellant's husband had been absent and not heard from for at least seven years, his death would...

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