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GORDON v. BOWEN

No. 85-3621.

801 F.2d 1275 (1986)

Clara M. GORDON, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 15, 1986.

Attorney(s) appearing for the Case

Hester H. Honda, Robert Roach, Ft. Myers, Fla., for plaintiff-appellant.

Robert W. Merkle, U.S. Atty., Virginia M. Covington, Asst. U.S. Atty., Tampa, Fla., for defendant-appellee.

Before FAY, CLARK and NIES, Circuit Judges.

CORRECTED OPINION

CLARK, Circuit Judge:

The Appellant, Clara M. Gordon, seeks survivors insurance benefit payments as the "deemed" widow of Eugene Gordon pursuant to 42 U.S.C. §§ 402(e) and 416(h)(1)(B). The Secretary of Health and Human Services ("Secretary") denied the application, and the district court affirmed that decision upon the recommendation of the magistrate. Because the district court failed to apply the second holding of Woodson...

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