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GAINEY v. FLEMMING

No. 6304.

279 F.2d 56 (1960)

Sharon D. GAINEY, Sandra Lee Gainey, Minors, by their next friend, Marjorie Wilson, Appellants, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Tenth Circuit.

May 13, 1960.

Attorney(s) appearing for the Case

David Berger, Denver, Colo., for appellants.

Jack K. Anderson, Asst. U. S. Atty., Golden, Colo. (Donald G. Brotzman, U. S. Atty., Boulder, Colo., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and LEWIS, Circuit Judges.

BRATTON, Circuit Judge.

Sharon D. Gainey and Sandra Lee Gainey acting through their mother and next friend, Marjorie Wilson, formerly Marjorie Gainey, filed an application for benefits under the Social Security Act, as amended 42 U.S.C.A. § 301 et seq. The basis of the application was that the claimants were surviving children of their deceased father, Wallace W. Gainey, a wage earner. After intervening departmental proceedings which do not have any present material...

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