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RAY v. BOWEN

No. 86-8272.

812 F.2d 675 (1987)

Josephine H. RAY, Plaintiff-Appellee, Delia M. Swift, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 16, 1987.

Attorney(s) appearing for the Case

Mary Walton Whiteman, Decatur, Ga., for plaintiff-appellant.

Stephen S. Cowan, Nina Lore Hunt, Dennis R. Williams, Atlanta, Ga., for defendant-appellee.

Kenneth G. Levin, Jenny K. Mittelman, Atlanta, Ga., for Ray.

Before TJOFLAT and HILL, Circuit Judges, and LYNNE, Senior District Judge.

HILL, Circuit Judge:

Delia M. Swift appeals from the district court's order denying her claim for Social Security widow's benefits as the legal widow of Edward Ray, pursuant to 42 U.S.C. §§ 402(e) and 416(h)(1)(A). The district court ordered the benefits payable on Edward Ray's account to go instead to the competing claimant, appellee Josephine H. Ray, as the "deemed widow" of Edward Ray under 42 U.S.C. § 416(h)(1)(B). Although the district court made...

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