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KILBY v. FOLSOM

No. 11990.

238 F.2d 699 (1956)

Jean A. KILBY, on her own behalf and on behalf of Jane L. Kilby, Appellant, v. Marion D. FOLSOM, Secretary of Health, Education and Welfare of the United States.

United States Court of Appeals Third Circuit.

Decided December 4, 1956.

Attorney(s) appearing for the Case

Cuthbert H. Latta, Philadelphia, Pa. (J. Peter Williams, F. Hastings Griffin, Jr., Philadelphia, Pa., on the brief), for appellant.

Alan J. Swotes, Asst. U. S. Atty., Philadelphia, Pa. (W. Wilson White, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

The plaintiff in this appeal is seeking recovery of Social Security benefits. The case hinges upon the question whether plaintiff's foster daughter, Jane, is the "child" of plaintiff's deceased husband Ralph M. Kilby, within the meaning of that word as used in the Social Security Act.1 Jane qualifies as a "child" of Ralph M. Kilby only if she would be entitled to a child's share in his intestate estate under the...

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