CRAIG v. FINCH

No. 28096.

425 F.2d 1005 (1970)

Lillian R. CRAIG, a feme sole, on behalf of Michael A. Kelly, Plaintiff-Appellee, v. Robert H. FINCH, Secretary of Health, Education and Welfare, successor to Wilbur J. Cohen and John W. Gardner, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 1970.


Attorney(s) appearing for the Case

Eldon B. Mahon, U. S. Atty., Dallas, Tex., Kathryn H. Baldwin, Robert M. Heier, Patricia S. Baptiste, Attys., Dept. of Justice, Washington, D. C., for defendant-appellant.

Bernard Cohen, Mabel Spellman Barber, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, DYER and CLARK, Circuit Judges.


DYER, Circuit Judge.

This action was brought by Mrs. Lillian R. Craig under 42 U.S.C.A. § 405 (g) of the Social Security Act to review a decision of the Secretary of Health, Education and Welfare which denied child benefits under the Act to Mrs. Craig's adopted son, Michael Kelly. The District Court reversed the Secretary's decision and awarded benefits.

The only question presented in the case is a construction...

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