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SMITH v. HECKLER

No. 86-6360.

820 F.2d 1093 (1987)

Lauretta Kay SMITH, Ariana M. Smith, Plaintiffs-Appellants, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1987.

Attorney(s) appearing for the Case

A. Orrin Friedman, Santa Ana, Cal., for plaintiffs-appellants.

Joseph Stein, San Francisco, Cal., for defendant-appellee.

Before PREGERSON, NELSON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Lauretta Kay Smith (Smith) appeals on behalf of her daughter, Ariana Marie Smith (Ariana), from the district court's summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) to deny Ariana surviving child's insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. §§ 401-433. Ariana is the posthumous illegitimate child of Robert Hossler, an insured wage earner. The Secretary...

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