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DAVIS v. RICHARDSON

Civ. No. 13903.

342 F.Supp. 588 (1972)

Norma DAVIS, through her next friend, Denise Swilley, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare for the United States of America, Defendant.

United States District Court, D. Connecticut.

May 8, 1972.

Attorney(s) appearing for the Case

Ronald Gold, Hartford, Conn. (James N. Cohen and George N. Gingold, Hartford, Conn., of counsel), for plaintiff.

B. Blair Crawford, Asst. U. S. Atty. (Stewart H. Jones, U. S. Atty., D. Conn., of counsel), for defendant.

Before SMITH, Circuit Judge, and BLUMENFELD and CLARIE, District Judges.

MEMORANDUM OF DECISION

J. JOSEPH SMITH, Circuit Judge:

This case presents the court with a challenge to a provision of the Social Security Act, 42 U.S.C. § 301 et seq., which discriminates against illegitimate children in the payment of benefits on the death of a wage-earning parent. Norma Davis, an eight-year-old child, has been denied payments based on her deceased father's earning record because, under 42 U.S.C. § 403(a), as an illegitimate...

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