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JONES v. FINCH

No. 9269.

416 F.2d 89 (1969)

Neta JONES, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals Tenth Circuit.

October 3, 1969.

Attorney(s) appearing for the Case

Milam L. R. Wade, Dallas, Tex. (Daniel Sosa, Jr., Las Cruces, N. M., with him on the brief), for plaintiff-appellant.

J. F. Bishop, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Ruth C. Streeter, U. S. Atty., Morton Hollander and J. F. Bishop, Dept. of Justice, with him on the brief), for defendant-appellee.

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

MURRAH, Chief Judge.

This is an appeal from an Order of the District Court for the District of New Mexico granting defendant's Motion for Summary Judgment in an action by which Neta Jones, claimant, seeks to recover Mother's and Child's benefits as provided by 42 U.S.C. Section 402(g) and (d) based on the account of Curtis Wesley Jones, deceased. We affirm.

At the outset, we consider sua sponte the propriety of deciding...

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