BROWN v. APFEL

No. 97-60436.

163 F.3d 324 (1999)

Annie Lee BROWN, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 6, 1999.


Attorney(s) appearing for the Case

Stephen Nick, Greenville, MS, for Plaintiff-Appellant.

Sharon F. Young, Mary Ann Sloan, Social Security Administration Office of the General Counsel, Atlanta, GA, for Defendant-Appellee.

Before DAVIS, SMITH and WIENER, Circuit Judges.


PER CURIAM:

Annie Lee Brown was denied widow's Social Security benefits administratively and this denial was affirmed by the district court. The Commissioner denied benefits based on a determination that, under Mississippi law, Annie Lee Brown was never legally married to Amos Brown because Amos Brown had been previously married to Curly Mae Brown and their marriage was never terminated by divorce, annulment, or death.

The issue on appeal is whether the Social...

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