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TANNER v. WEINBERGER

No. 75-1103.

525 F.2d 51 (1975)

Sheila L. TANNER, Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary, Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1975.

Attorney(s) appearing for the Case

William W. Milligan, U. S. Atty., Dayton, Ohio, Rex E. Lee, Asst. Atty. Gen., Leonard Schaitman, John M. Rogers, William Kanter, Robert S. Greenspan, Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Daniel A. Nagle, Karas & Nagle, Dayton, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and PECK and ENGEL, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This is an action brought pursuant to 42 U.S.C. § 405(g) of the Social Security Act to review the decision of the Secretary of Health, Education and Welfare denying survivor's benefits to Stephvan Tanner, the illegitimate child of the plaintiff-appellee, Sheila Tanner, and the deceased wage earner, Clarence Turner. The district court, relying upon the Supreme Court's decision in Jimenez v. Weinberger, 417 U.S...

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