Legal Opinion

Spradlin v. United States

District Court, D. Montana

Decided April 29, 1968No. 2639Published

1Opinion of the Court

*764OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

In an opinion and order dated January 11, 1967, 262 F.Supp. 502 the court remanded this ease to the Secretary for further proceedings in conformity with the court’s opinion. The court found the Appeals Council of the Social Security Administration, had not properly applied the presumption created by R.C.M., 1947, § 93-1301-7(30). The court directed:

“The cause is therefore remanded to the Secretary with instructions to treat the presumption of marriage as evidence and to weigh against the presumption the other facts to determine whether or not…

2Cases cited5 opinions

  1. Branford Baptist Church v. NicholsCalifornia Supreme Court · 1949
  2. Sharon D. Gainey, Sandra Lee Gainey, Minors, by Their Next Friend, Marjorie Wilson v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1960
  3. Spradlin v. United StatesDistrict Court, D. Montana · 1967
  4. Rush v. GardnerDistrict Court, N.D. Georgia · 1967
  5. Stull v. EwingDistrict Court, S.D. New York · 1950

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