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HAYES v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 27176.

413 F.2d 997 (1969)

Orelia HAYES and Kimbler T. Sells, Appellants, v. The SECRETARY OF HEALTH, EDUCATION AND WELFARE, United States of America, Appellees.

United States Court of Appeals Fifth Circuit.

July 10, 1969.

Attorney(s) appearing for the Case

Ernest L. Sample, Beaumont, Tex., for appellants.

Richard Brooks Hardee, United States Atty., for the Eastern District of Texas, Carl R. Roth, Asst. U. S. Atty., Beaumont, Tex., for appellee.

Before WISDOM and CARSWELL, Circuit Judges, and ROBERTS, District Judge.

PER CURIAM:

Appellants claim that Kimbler Sells was the "child" of Mr. and Mrs. John Hayes under the Social Security Act, 42 U.S.C. § 416, and that they are therefore eligible for benefits under §§ 202(d), 202(e) and 202(g) of the Act upon the death of Mr. Hayes. The Secretary found that Kimbler was not the "child" of the Hayeses and denied benefits. The district court affirmed the ruling of the Secretary. We also affirm, finding no basis in fact or...

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