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MOOTS v. SECRETARY, U. S. DEPT. OF HEALTH, ED. & WEL.

No. 9938.

349 F.2d 518 (1965)

Ethel L. MOOTS, individually and on behalf of Diane L. Moots, her infant daughter, Appellant, v. SECRETARY, UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION, Appellee. Mary A. Moots, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided August 4, 1965.

Attorney(s) appearing for the Case

Joseph Teck, Norfolk, Va. (Goldblatt & Lipkin, Norfolk, Va., on brief), for appellant.

James A. Oast, Jr., Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and THOMSEN, District Judge.

J. SPENCER BELL, Circuit Judge.

The question to be decided on this appeal is whether Ethel L. Moots and her young daughter, Diane Lee Moots, are entitled to receive benefits under the Social Security Act, 42 U.S.C.A. § 402, as the widow and dependent child of Clarence Moots. Ethel's right to the widow's benefits is disputed by Mary Moots, who claims herself to be Clarence's widow. After lengthy administrative proceedings, the Secretary's representatives, on June...

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