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PARKER v. SECRETARY OF DEPT. OF HEALTH, ED.

No. 71-1955.

453 F.2d 850 (1972)

Geraldine PARKER, a/k/a Geraldine Felder, As Natural tutrix for and on behalf of her Minor Child, Robert P. Parker, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1972.

Attorney(s) appearing for the Case

James L. Donovan, Christopher E. Lawler, Porteous, Toledano, Hainkel & Johnson, New Orleans, La., for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, James Carriere, Asst. U. S. Attys., New Orleans, La., Claude J. Aucoin, Jr., Asst. U. S. Atty., New Orleans, La., for the United States.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

Robert P. Parker is the acknowledged illegitimate son of a deceased wage earner, Percy Felder, within the meaning of 42 U.S.C.A., § 416(h)(3)(C), and is otherwise qualified for child benefits under the Social Security Act. His request for benefits was denied on the ground that the benefits were being exhausted by payments to the five legitimate children of the wage earner. This result is mandated...

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