MEMORANDUM
WANGELIN, Chief Judge.
On September 18, 1980 the United States Magistrate filed his recommendation that the Court grant the plaintiff's motion for summary judgment and that the defendant's motion for summary judgment be denied. In so doing he held that the defendant Secretary of Health, Education, and Welfare, now the Secretary of Health and Human Services, improperly applied Missouri law on intestate succession to deny plaintiff child's benefits...
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