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McCALIP v. RICHARDSON

No. 71-1563.

460 F.2d 1124 (1972)

Alma M. McCALIP, Appellant, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1972.

Attorney(s) appearing for the Case

Bryce Bartu, Blevens, Bartu & Blevens, Seward, Neb., for appellant.

Randall A. Rinquest, Asst. U. S. Atty., Omaha, Neb., Richard A. Dier, U. S. Atty., for the District of Nebraska, and Paul C. Cacioppo, Acting Regional Atty., Region VII, Department of Health, Education, and Welfare (Michael Romain, Asst. Reg. Atty., Dept. of Health, Education and Welfare, Kansas City, Mo., on the brief), for appellee.

Before Mr. Justice CLARK, VOGEL and LAY, Circuit Judges.

VOGEL, Circuit Judge.

Alma M. McCalip, plaintiff-appellant, brought this action in the United States District Court for the District of Nebraska under the Social Security Act, as amended, 42 U.S.C.A. § 405(g), seeking judicial review of a decision of the Secretary of Health, Education and Welfare denying her child's insurance benefits under the Act. From a summary judgment in favor of the Secretary, plaintiff brings this appeal. The District Court's opinion granting...

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