SMITH v. HARRIS

No. 79-4069 Summary Calendar.

622 F.2d 185 (1980)

Jason Shem SMITH, by and through his Father and Next Friend, Dr. Raymond F. Smith, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 1980.


Attorney(s) appearing for the Case

J. David Crisp, Texarkana, Tex., for plaintiff-appellant.

John W. Wojciechowski, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.


PER CURIAM:

Smith challenges the constitutionality of 42 U.S.C.A. § 402(d)(8)'s denial of secondary Social Security benefits to a child unrelated to and adopted after Smith became eligible for primary benefits. The only argument which was not considered and rejected by Williams v. Califano, 566 F.2d 1044 (5th Cir.), cert. denied, 439 U.S. 821, 99 S.Ct. 85, 58 L.Ed.2d 112...

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