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CLAYBORNE v. CALIFANO

No. 829, Docket 78-6189.

603 F.2d 372 (1979)

Dana CLAYBORNE, by her Next Friend and Mother, Anna M. Clayborne, Plaintiff-Appellant, v. Joseph H. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 19, 1979.

Attorney(s) appearing for the Case

Steven R. Shapiro, New York Civil Liberties Union, New York City, for plaintiff-appellant.

Roger C. Field, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. for the Eastern District of New York, Harvey M. Stone and Ralph McMurry, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for defendant-appellee.

Before FEINBERG, MANSFIELD, Circuit Judges, and HAIGHT, District Judge.

MANSFIELD, Circuit Judge:

Appellant, Dana Clayborne, is the nine-year-old adopted daughter of Anna Clayborne and her husband.1 Mrs. Clayborne became a disabled former wage earner on or about August 31, 1969 and began receiving Social Security disability insurance benefits pursuant to 42 U.S.C. § 423 in March 1970.2 Mrs. Clayborne suffers from a serious heart problem which renders her unemployable. Her...

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