WILLIAMS v. MATHEWS

Civ. A. No. 76-382.

441 F.Supp. 1045 (1977)

Angela WILLIAMS, by and through her next of friend and father, Frank Williams, on her behalf, Plaintiff, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Louisiana, Section C.

April 11, 1977.


Attorney(s) appearing for the Case

James W. Blackman, TA, New Orleans, Legal Assistance Corp., Jack M. Stolier and Lois C. Davis, New Orleans, La., for plaintiff.

Ford J. Dieth, Asst. U. S. Atty., New Orleans, La., for defendant.


ALVIN B. RUBIN, District Judge:

This action challenges the constitutionality of a denial of child's insurance benefits under Title II of the Social Security Act to a child adopted after the wage earner became entitled to disability benefits. The plaintiff asserts that 42 U.S.C. 402(d)(8), which mandates the denial of benefits, violates the plaintiff's rights guaranteed by the fifth amendment to the Constitution, including both the right to due process in the traditional...

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