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HOLBROOK v. CALIFANO

No. 79-3289.

636 F.2d 157 (1980)

Ruth E. HOLBROOK, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Daniel L. Manring, Barkan, Barkan & Neff, Columbus, Ohio, for plaintiff-appellant.

James C. Cissell, U. S. Atty., Joseph E. Kane, Asst. U. S. Atty., Columbus, Ohio, Steven J. Plotkin, Asst. Regional Atty., Dept. of Health & Human Ser., Chicago, Ill., for defendant-appellee.

Before MERRITT and MARTIN, Circuit Judges, and COHN, District Judge.

PER CURIAM.

Plaintiff Ruth E. Holbrook appeals from a District Court judgment rejecting her challenge to the constitutionality of a section of the Social Security Act that treats the adoption of unrelated children differently from the birth of natural children or the adoption of step-children. The denial of plaintiff's insurance benefits is based on the ineligibility of her adopted child, which ineligibility in turn is based on 42 U.S.C. § 402(d)(8), the challenged...

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