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MORGAN v. RICHARDSON

Civ. A. No. 70-300.

325 F.Supp. 128 (1971)

Leanna MORGAN, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Alabama, W. D.

April 5, 1971.

Attorney(s) appearing for the Case

W. O. Kirk, Jr., Curry & Kirk, Carrollton, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., N.D. Alabama, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

ALLGOOD, District Judge.

The plaintiff, Leanna Morgan, born September 12, 1907, applied for widow's benefits on March 4, 1968, based on the Social Security earnings record of Jim Morgan. The Secretary denied her claim initially based on a finding that the plaintiff had not been validly married to the wage earner, as is required by Section 202(e) of the Social Security Act, [42 U.S.C. § 402(e)], because she had a prior undissolved...

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