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FLORIO v. RICHARDSON

No. 64, Docket 72-1265.

469 F.2d 803 (1972)

Salvatore E. FLORIO, o/b/o Sally Mae Florio, infant, Plaintiff-Appellee, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, and Avis Sibblies, o/b/o Enos S. Williams, II, infant, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 8, 1972.

Attorney(s) appearing for the Case

Gerald A. Rosenberg, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, of counsel), for defendant-appellant Elliot Richardson.

Michael D. Hampden, New York City (Kalman Finkel, The Legal Aid Society, New York City, of counsel), for plaintiff-appellee Salvatore E. Florio.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal raises a rather narrow question of statutory interpretation: whether insurance benefits periodically paid to a stepchild pursuant to the Social Security Act, 42 U.S.C. § 402(d) (1969) (the "Act"), as the result of dependency upon his stepfather, the wage earner, must be terminated upon the stepfather's divorce. The district court held that the divorce did not terminate the benefits, a conclusion with which we agree. However...

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