Court of Appeals for the Eighth Circuit September 14, 1970, 19802_1 (Ruby J. Burrow v. Robert H. Finch, Secretary of Health, Education and Welfare)

LAY, Circuit Judge.

The Secretary of H.E.W. has filed an appeal from the judgment of the district

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court which awarded retroactive social security benefits to late filing claimants. The effect of the judgment is to exceed the maximum amount, based upon the decedent’s wage earning record, allotted-under the Act to the deceased wage earner’s “family.