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HAGLER v. FINCH

No. 25758.

451 F.2d 45 (1971)

Grant HAGLER and Edith Hagler, husband and wife, for themselves and for their minor child, Consuela Hagler, Plaintiffs-Appellees, v. Robert FINCH, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 4, 1971.

Attorney(s) appearing for the Case

James C. Hair, Jr. (argued), Kathryn H. Baldwin, Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Richard K. Burke, U. S. Atty., Ann Bowen, Asst. U. S. Atty., Tucson, Ariz., for defendant-appellant.

Anthony B. Ching (argued), Tucson, Ariz., for plaintiffs-appellees.

Before KOELSCH, WEICK and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The Social Security Act grants insurance benefits to the dependent child of a wage earner receiving disability benefits. We are asked to construe the portions of the Act that determine an adopted child's eligibility for this award.

Grant and Edith Hagler undertook the care of their daughter's newly born illegitimate child, Consuela, in December 1964. The Haglers commenced formal adoption proceedings in the Arizona Superior...

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