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AUSTIN v. SHALALA

No. 92-1515.

994 F.2d 1170 (1993)

Mildred AUSTIN, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1993.

Attorney(s) appearing for the Case

Robert Edward Barfield, Amarillo, TX, for plaintiff-appellant.

Joanna Tate, Joseph B. Liken, Sr. Supervisory Lead Atty., Dept. of Health and Human Services, Office of Gen. Counsel, Marvin Collins, U.S. Atty., Rebecca A. Gregory, Asst. U.S. Atty., Dallas, TX, for defendant-appellee.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I.

A.

Mildred Austin's husband died on October 6, 1968. On August 3, 1977, she married Sam Chancler, but kept the Austin name. When Austin turned sixty on June 6, 1980, she had separated from Chancler and moved to Tyler, Texas. At that time, she apparently intended to obtain a divorce from Chancler.

Austin applied for widow's benefits on September 5, 1980, at the Tyler social security office.

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