Dwyer, Hilda G. v. Califano, Joseph, Secretary of Health, Education and Welfare

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This is an appeal from the district court’s November 23, 1979, order granting the plaintiff’s cross-motion for entry of summary judgment against the Secretary of Health, Education and Welfare. The plaintiff, Hilda Dwyer, sought part of the social security insurance benefits payable by reason of the death of her husband, Roland Dwyer. The district court awarded such partial benefits to her and denied the Secretary’s motion for summary judgment. This court has jurisdiction of the Secretary’s appeal under 28 U.S.C. § 1291 (1976). We reverse and…