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BEATY v. WEINBERGER

No. 72-1356.

478 F.2d 300 (1973)

Annie J. BEATY, Individually and as next friend of Franklin T. Beaty and Tracy A. Beaty, minors, Plaintiffs-Appellees-Cross-Appellants, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1973.

Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Atlanta, Ga., Stanton Koppel, Civil Div., Morton Hollander, Chief, Appellate Sec., Kathryn H. Baldwin, Civil Div., Dept. of Justice, Washington, D. C., for appellant.

Kenneth G. Levin, Atlanta, Ga., for appellees.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.

TUTTLE, Circuit Judge:

This action was brought under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare, denying the claim of Annie J. Beaty, on behalf of her two illegitimate children, Franklin and Tracy, for children's insurance benefits. The claim was based on the social security earnings record of J. B. Bryant, a disabled worker conceded by the Secretary to...

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