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HEIKES v. FLEMMING

No. 12670.

272 F.2d 137 (1959)

Shirley L. HEIKES, next friend of Michael K. Hodges, a minor, Plaintiff-Appellee, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 2, 1959.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Atty., U. S. Dept. of Justice, Washington, D. C., Harlington Wood, Jr., U. S. Atty., Springfield, Ill., George Cochran Doub, Asst. Atty. Gen., Bernard Cedarbaum, Atty., Dept. of Justice, Washington, D. C., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., and John M. Daugherty, Asst. U. S. Atty., Peoria, Ill., for appellant.

Leonard C. Berry, Macomb, Ill., for appellee.

Before SCHNACKENBERG, PARKINSON and KNOCH, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Arthur S. Flemming, Secretary of Health, Education and Welfare, defendant, has appealed from a summary judgment entered by the district court, reversing the decision of defendant, embodied in an appeals council decision. The court reinstated the decision of a referee awarding a child's social security insurance benefits to Michael K. Hodges, a minor.

It appears from defendant's brief that Edwin Hodges, father of Michael K. Hodges...

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