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GARCIA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 84-1768.

760 F.2d 4 (1985)

Amalia GARCIA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 22, 1985.

Attorney(s) appearing for the Case

Vicente Perez Diaz, San Juan, P.R., on brief for plaintiff, appellant.

John W. Wojciechowski, Office of the General Counsel, Social Security Div., Dept. of Health and Human Services, John M. Sacchetti, Chief, Retirement and Survivors Insurance Litigation Branch, Randolph W. Gaines, Asst. Gen. Counsel for Litigation, Donald A. Gonya, Asst. Gen. Counsel, Baltimore, Md., Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., and Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., on brief for defendant, appellee.

Before COFFIN, BREYER and TORRUELLA, Circuit Judges.

PER CURIAM.

The question in this case is which of two of the decedent wage earner's five former wives is entitled to mother's benefits under 42 U.S.C. § 402(g). Claimant went through a marriage ceremony with decedent in 1968 and lived with him until his death in 1978. The problem, however, is that there is a record that decedent had earlier (in 1961) married one Elpidia Espinosa, but there is no record that Elpidia and decedent ever divorced. (Records of decedent...

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