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GROSSMAN v. BOWEN

No. 86 Civ. 2577 (RLC).

680 F.Supp. 570 (1988)

Audrey GROSSMAN and Connie Grossman, Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, S.D. New York.

January 15, 1988.

Attorney(s) appearing for the Case

Mudge Rose Guthrie Alexander & Ferdon, New York City, for plaintiffs; Keith M. Merriwether, III, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Diogenes P. Kekatos, Sp. Asst. U.S. Atty., Annette H. Blum, Chief Counsel, Region II, Curtis Axelsen, Asst. Regional Counsel, Office of the General Counsel, U.S. Dept. of Health and Human Services, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Jack Grossman has not been seen by his family since March 24, 1977. In this action, his former wife, Audrey Grossman, and his daughter, Connie Grossman, appeal from a decision of the Secretary of Health and Human Services ("the Secretary") denying them survivors' insurance benefits based upon Grossman's earnings. The question presented is whether the plaintiffs are entitled to a presumption that Jack Grossman is...

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