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DAMON v. SECRETARY OF H. E. W.

No. 514, Docket 76-6145.

557 F.2d 31 (1977)

Loren E. DAMON, Jr., by his next friend, Vivian F. Damon, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 23, 1977.

Attorney(s) appearing for the Case

Zander B. Rubin, Vermont Legal Aid, Inc., St. Johnsbury, Vermont, for appellant.

George Eng, Asst. Regional Atty., Dept. of H. E. W., Boston, Mass. (George W. F. Cook, U. S. Atty. D. V., Rutland, Vt., of counsel), for appellee.

Before OAKES, Circuit Judge, and WYZANSKI and HOLDEN, District Judges.

OAKES, Circuit Judge:

This appeal presents us with a close question based on unusual facts in the context of a unique admixture of federal and Vermont law. The United States District Court for the District of Vermont, Albert W. Coffrin, Judge, held that the Secretary of Health, Education and Welfare (HEW) had properly denied child's Social Security insurance benefits to appellant, an adopted minor. We reverse.

The facts are not in dispute. Appellant...

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