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JOHNSON v. CALIFANO

No. 77-3319.

607 F.2d 1178 (1979)

Geraldine JOHNSON, Appellee, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1979.

Attorney(s) appearing for the Case

Albert Jones, U. S. Atty., Louisville, Ky., Robert E. Kopp, Mary Gallagher, Joseph B. Scott, Dept. of Justice, Civil Div., App. Sect., Washington, D. C., for appellant.

Martin F. Sullivan, Jr., Louisville, Ky., for appellee.

Before ENGEL and KEITH, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

The present appeal requires this Court to interpret the meaning of a "presumption of death," as that principle applies to the provisions of the Social Security Act. Plaintiff, Geraldine (Ross) Johnson, sought surviving child benefits for her daughter, Kathy M. Ross, pursuant to the provisions of the Social Security Act, 42 U.S.C. § 402(d)(1).1 As a condition to receipt of these benefits, plaintiff...

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