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EDWARDS v. HECKLER

Nos. 82-4156, 83-1652 and 83-1672.

770 F.2d 1496 (1985)

Mildred M. EDWARDS, both individually and on Behalf of all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1985.

Attorney(s) appearing for the Case

Barbara Midtbo, Senior Citizens Legal Services, Eureka, Cal., Eileen P. Sweeney, Nat. Senior Citizens Law Center, Washington, D.C., Neal S. Dudovitz, Peter Komlos-Hrobsky, Nat. Senior Citizens Law Center, Los Angeles, Cal., for plaintiffs-appellees-cross-appellants.

Joseph P. Russoniello, U.S. Atty., San Francisco, Cal., Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan, Frank A. Rosenfeld, Attys., Washington, D.C., for defendant-appellant-cross-appellee.

Before WRIGHT, PREGERSON and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Mildred M. Edwards applied for Social Security retirement insurance benefits in 1978. The Secretary denied her application because she did not have sufficient quarters of coverage to establish eligibility for the benefits. The Secretary relied upon 42 U.S.C. § 411(a)(5)(A) which governs the allocation in community property states of self-employment income from a family business between husbands and wives. That section provides that

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