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LEIMBACH v. CALIFANO

No. 78-1561.

596 F.2d 300 (1979)

John LEIMBACH, as father and natural guardian on Behalf of George A. Leimbach and Diane M. Leimbach, minors over the age of fourteen years, Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, or his Successors in Office, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Stanley Ericsson, Baltimore, Md., argued, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., and Anne C. Travis, Asst. U. S. Atty. Gen., St. Louis, Mo., and Lille Price, Atty. Gen. Counsel, Dept. of HEW, Baltimore, Md., on brief, for appellant.

Patrick B. Cummings, St. Louis, Mo., argued, and Harry J. Nichols, St. Louis, Mo., on brief, for appellees.

Before GIBSON, Chief Judge, and HENLEY, Circuit Judge, and HANSON, Senior District Judge.

HENLEY, Circuit Judge.

The Secretary of Health, Education and Welfare (the Secretary) appeals the decision of the district court granting the children of appellee John Leimbach child's insurance benefits retroactive to September, 1968. We reverse.

This is a dispute over the date on which John and Rosemary Leimbach's two children became entitled to child's insurance benefits under § 202(d) of the Social Security Act (the Act), 42 U.S.C. § 402(d)....

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