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GOMEZ v. HARRIS

No. A 80-161 Civil.

504 F.Supp. 1342 (1981)

Dollie K. GOMEZ and Dollie K. Gomez for Archie J. Minkler and Jarrod W. Minkler, minors, Plaintiffs, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant.

United States District Court, D. Alaska.

January 16, 1981.

Attorney(s) appearing for the Case

Carl A. Larson, Kenai, Alaska, for plaintiffs.

Rene Gonzalez, Acting U. S. Atty., D. Alaska (Milton L. Moss, Asst. U. S. Atty., Anchorage, Alaska, Randolph W. Gaines, Stanley M. Ericsson, Dept. of Health and Human Services, Washington, D. C., of counsel), for defendant.

OPINION

FITZGERALD, District Judge.

The Secretary of Health, Education and Welfare denied social security benefits to plaintiffs. Judicial review of such decisions is provided by statute.1 This review presents only one question. Were the plaintiffs entitled to the benefit of the secretary's new presumption of death regulation?2 I find that they were.

A. The Facts

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