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STANTON v. WEINBERGER

No. 73-1959.

502 F.2d 315 (1974)

Tynell T. STANTON, By and Through her father and next friend, William H. Stanton, Plaintiff-Appellant, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Frederick P. Charleston and Jon S. Nicholls, Denver, Colo., for plaintiff-appellant.

John K. Villa, Atty., Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., and James L. Treece, U. S. Atty., on the brief), for defendant-appellee.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The Secretary of Health, Education and Welfare denied the application of plaintiff-appellant Tynell T. Stanton for child's insurance benefits under the Social Security Act. See 42 U.S.C. § 402(d). The issues relate to the applicability and constitutionality of certain 1965 amendments to the Act. The district court upheld the Secretary. We affirm.

The facts are not in dispute. The worker, William H. Stanton, applied for, and...

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