Mary Davis, Cross-Appellant v. Joseph A. Califano, Secretary of Health, Education and Welfare, Cross-Appellee

HARLINGTON WOOD, Jr., Circuit Judge.

Henry Davis, a truckdriver, died in 1972. One year later his two wives applied for widow’s insurance benefits under the Social Security Act, 42 U.S.C. § 401 et seq. The Secretary of Health, Education and Welfare ruled that the first wife, Novella, was the “legal” widow. The second wife, Mary, filed this action against the Secretary in federal district court. The district court judge, while finding that Novella was the “legal” widow, ordered that the two wives split the widow’s insurance benefits. The Secretary appealed the district court’s order, and Mary…