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CARVER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-6182.

869 F.2d 289 (1989)

Josephine CARVER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 9, 1989.

Attorney(s) appearing for the Case

David T. Adams, Eau Claire, Mich., Stephen A. Sanders (argued), Appalachian Research and Defense Fund, Prestonsburg, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., John S. Osborn, III, Peter M. Davenport (argued), Dennis R. Williams, Atlanta, Ga., for defendant-appellee.

Before KENNEDY and KRUPANSKY, Circuit Judges, and EDWARDS, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

This is an appeal by plaintiff-appellant, Josephine Carver (Carver), from the district court's decision in favor of defendant-appellee, Secretary of Health and Human Services (Secretary), who had determined her to be ineligible for social security widow benefits and required her to repay such benefits previously disbursed to her.

Carver was born on May 28, 1918, and was 62 years old at the time she applied for widow's benefits in...

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