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HAYES v. SCHWEIKER

Civ. A. No. C81-1717A.

575 F.Supp. 402 (1983)

Eunice L. HAYES, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

January 31, 1983.

Attorney(s) appearing for the Case

Melodie Clayton, Clayton & Clayton, Austell, Ga., for plaintiff.

Myles E. Eastwood, Asst. U.S. Atty., Atlanta, Ga., for defendant.

ORDER

VINING, District Judge.

This is an action to review a determination by the Secretary of Health and Human Services that the claimant is not entitled to "surviving divorced wife" benefits under 42 U.S.C. §§ 402(e) and 416(d). The magistrate has recommended that the matter be remanded to the Secretary for consideration of the principle of equitable estoppel. For the following reasons, the court declines...

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