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DAVIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-6372.

867 F.2d 336 (1989)

Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1989.

Attorney(s) appearing for the Case

J. Randall Reinhardt, Bulleit, Kinkead, Irvin & Reinhardt, Lexington, Ky., Albert A. Bruchett, Prestonsburg, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Dennis R. Williams, Assistant Regional Counsel, Office of the Chief Counsel, Atlanta, Ga., for defendant-appellee.

Before MERRITT and RYAN, Circuit Judges, and POTTER, District Judge.

RYAN, Circuit Judge.

Ella Davis appeals the district court's decision affirming the Secretary's determination to deny her survivor's insurance benefits based upon the account of her deceased husband. The Secretary denied Davis' application because he concluded her claim was governed by 20 C.F.R. § 404.305(b) (1987), which precludes the payment of survivor's benefits on the earnings record of an insured deceased if the survivor has been "convicted of a felony...

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