Legal Opinion

Gomez v. Harris

District Court, D. Alaska

Decided January 16, 1981No. A 80-161 CivilPublishedCited by 4 opinions

1Opinion of the Court

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

The facts appear undisputed from the record. In the spring,of 1969, Dollie and Byrd Minkler, a young married couple, were having financial difficulties. Byrd was in the Army. The couple was living in an expensive trailer, and Dollie…

2Cases cited17 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. Andrew C. Mark v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1965

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3Cited by4 opinions

  1. Martin v. HecklerDistrict Court, S.D. Texas · 1985
  2. Penrose v. HecklerDistrict Court, D. Nevada · 1983
  3. Jody Ann Geras v. Lafayette Display Fixtures, Inc., United States of America, Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 1984
  4. Jody Ann Geras v. Lafayette Display Fixtures, Inc., United States of America, Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 1984

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