WAGNER v. FINCH

No. 27069.

413 F.2d 267 (1969)

Carolyn A. WAGNER, on Behalf of Donna G. Hughes, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

July 7, 1969.


Attorney(s) appearing for the Case

Maxine T. McConnell, David J. Candish, Dallas, Tex., for appellant.

Eldon B. Mahon, U. S. Atty., Andrew Barr, Asst. U. S. Atty., Dallas, Tex., Alan S. Rosenthal, Reed Johnston, Jr., Attys., Morton Hollander, Chief, Appellate Sec. Civ. Div. Dept. of Justice, Washington, D. C., for appellee.

Before JOHN R. BROWN, Chief Judge and DYER, Circuit Judge, and HUNTER, District Judge.


HUNTER, District Judge:

Carolyn Wagner instituted suit in the district court to review the final decision of the Secretary, disallowing her illegitimate daughter's claim to a child's insurance benefit on the earnings record of the child's father, Donald G. Davis, a fully insured deceased wage earner. The district court granted the Secretary's motion for summary judgment on the grounds that Donna was not the "child" of an insured individual as that term is defined...

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