KING v. SCHWEIKER

No. 80-3052.

647 F.2d 541 (1981)

Diane KING, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Resources, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

June 8, 1981.


Attorney(s) appearing for the Case

Fine, Waltzer, Winters & Bagneris, Michael G. Bagneris, New Orleans, La., for plaintiff-appellant.

Lillie Price, Dept. of H. E. W., Baltimore, Md., for defendant-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.


GEWIN,* Circuit Judge:

Claimant-appellant Diane King has petitioned this court for relief from the summary judgment order rendered by the district court for the appellee in Ms. King's suit to collect surviving child benefits under the Social Security Act (hereinafter referred to as the Act). In order to determine the propriety of the trial court's decision we must examine the following two issues: (1) whether the district court correctly...

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