MORRIS v. RICHARDSON

No. 71-1757.

455 F.2d 775 (1972)

Marion P. MORRIS, o/b/o Linda G. Morris, Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1972.


Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Walter H. Fleischer, Atty. Dept. of Justice, and W. Warren Upton, U. S. Atty., on the brief) for appellant.

E. Lee Schlaegel, Jr., Madison, W. Va. (Avis & Schlaegel, on the brief) for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.


PER CURIAM:

Plaintiff, a recipient of social security disability benefits since 1957, adopted his granddaughter in 1966 and sought child's insurance benefits for her immediately after the adoption was decreed. His application under the then existing statute was denied because the requirement of the statute that the adoption occur within two years after plaintiff had become entitled to disability benefits was not met. In 1968...

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