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VOSS v. SHALALA

No. 93-3489.

32 F.3d 1269 (1994)

Carrie VOSS, as parent of Justin J. Drapeau, a minor, and Jesse L. Drapeau, a minor, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1994.

Rehearing Denied September 19, 1994.

Attorney(s) appearing for the Case

Mary Skaff, Omaha, NE, argued, for appellant.

Daniel Morris, Asst. U.S. Atty., Omaha, NE, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and BEAM, Circuit Judge.

HENLEY, Senior Circuit Judge.

Carrie Voss, as the parent of Justin J. Drapeau and Jesse L. Drapeau, appeals from a judgment of the district court1 upholding a decision of the Secretary of Health and Human Services (Secretary) denying their claims for surviving children's benefits under 42 U.S.C. § 402(d) based on the earnings record of her deceased husband, Clarence Voss. We affirm.

In July 1978, Carrie married Clarence. They...

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