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PERRY v. RICHARDSON

No. 20640.

440 F.2d 677 (1971)

Anna Mae PERRY, Plaintiff-Appellant, v. Elliott RICHARDSON, Secretary of Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 2, 1971.

Attorney(s) appearing for the Case

Mitchell B. Goldberg, Cincinnati, Ohio, for appellant; Goldman, Cole & Putnick, Cincinnati, Ohio, of counsel.

Robert M. Feinson Dept. of Justice, Washington, D. C., for appellee; William D. Ruckelshaus, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., on brief; William W. Milligan, U. S. Atty., Cincinnati, Ohio.

Before WEICK, McCREE and MILLER, Circuit Judges.

WEICK, Circuit Judge.

The Secretary denied the claim for child's insurance benefits filed in behalf of an alleged illegitimate child of Thomas Bond, the wage earner, on the ground that the child failed to meet the eligibility requirements in Section 216(h) (3) of the Social Security Act, as amended. 42 U.S.C. § 416(h) (3). The District Court denied claimant's motion to remand, and affirmed.

The illegitimate child was born on June 16, 1957, the daughter...

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