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SIMON v. CALIFANO

No. 76-3564.

593 F.2d 121 (1979)

Mildred A. SIMON, Beth Jami Simon and Seth Eric Simon, Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Department of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 19, 1979.

Attorney(s) appearing for the Case

Verrell L. Dethloff, Jr. (argued), Baltimore, Md., for defendant-appellant.

Harry Simon (argued), Van Nuys, Cal., for plaintiffs-appellees.

Before KILKENNY and ANDERSON, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

The Secretary of Health, Education and Welfare (HEW) appeals from a district court order which construed Mrs. Mildred A. Simon's 1970 application for retirement insurance benefits to include an application for child's insurance benefits.

We reverse.

The facts are not in dispute. In August 1970, Mrs. Simon applied for retirement insurance benefits under the Social Security Act, 42 U.S.C. § 402 (Act). At that time, Mrs. Simon's two children...

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