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MASSEY v. WEINBERGER

Civ. A. No. M-74-331.

397 F.Supp. 817 (1975)

Rita MASSEY, a minor child by her mother and next friend, Marguerite Smith v. Caspar W. WEINBERGER, Secretary, Department of Health, Education and Welfare.

United States District Court, D. Maryland.

April 7, 1975.

Attorney(s) appearing for the Case

Dennis W. Carroll, Baltimore, Md., for plaintiff.

George Beall, U. S. Atty., and Virginia S. Draper, Asst. U. S. Atty., and Henry Goldberg, Atty., Office of the Gen. Counsel, Social Security Div., Dept. of Health, Ed. and Welfare, Baltimore, Md., for defendant.

MEMORANDUM AND ORDER

JAMES R. MILLER, Jr., District Judge.

This action arises in this court for review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff, a minor, benefits as a surviving child under the Social Security Act (the Act) based upon her deceased father's social security earnings record. The parties have filed cross-motions for summary judgment.

This action began before the Social Security Administration...

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