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SMITH-WILKINS v. SECRETARY OF HHS

No. 88-3199.

880 F.2d 864 (1989)

Joan M. SMITH-WILKINS on Behalf of Ericka HERTZER and Jamie Hertzer, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1989.

Attorney(s) appearing for the Case

William M. Culbert, Toledo, Ohio, J. Miles Gibson (argued), Gus Robbins-Penniman, Gibson & Robbins-Penniman, Columbus, Ohio, for plaintiff-appellee.

Thomas A. Karol, Office of the U.S. Atty., Toledo, Ohio, Michael C. Messer (argued) Asst. Reg. Counsel, Chicago, Ill., for defendant-appellant.

John Zinkand, Fremont, Ohio, amicus curiae.

Before KRUPANSKY and WELLFORD, Circuit Judges, and BROWN, Senior Circuit Judge.

PER CURIAM.

The Secretary of Health and Human Services appeals from a decision of Magistrate James G. Carr which granted Mother's and Stepchildren's insurance benefits to the plaintiff-appellee. The issue in this case is whether the plaintiff had a common-law marriage with the deceased wage earner, David R. Wylam, on whose account the plaintiff seeks benefits for herself and her two children. The Secretary determined that there was no common-law marriage, after a...

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