Oveta Culp HOBBY, as Secretary, Health, Education and Welfare, (Marion B. Folsom, substituted in place of Oveta Culp Hobby, former Secretary of Health, Education and Welfare,) Appellant,
v.
Bertha M. BURKE, Individually, and as Mother and next Friend of Charles M. Burke, minor son, Appellee.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
December 9, 1955.
Rehearing Denied January 7, 1956.
Attorney(s) appearing for the Case
William C. Calhoun, U. S. Atty., Augusta, Ga., Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., Samuel D. Slade and Marcus A. Rowden, Attys., Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for appellant.
John M. Brennan, Savannah, Ga., for appellee.
Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.
United States Court of Appeals Fifth Circuit.
BROWN, Circuit Judge.
On evidence, abundant and substantial,1 the Secretary found that, under Georgia standards,2 no valid common law marriage existed between the wage earner, Edward L. Burke (the Insured), and Bertha Montgomery [Burke]; and, applying this, rejected a Mother's claim, § 202(g) of the Social Security Act, 42 U.S.C.A. § 402(g), by Bertha and a Child's claim, § 202(d), 42 U.S.C.A...
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