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JOHNSON v. CALIFANO

No. 79-1138.

656 F.2d 569 (1981)

Henryetta Courtney JOHNSON, a Minor, by and through her Father and Next Friend, Theodore Courtney, Plaintiff-Appellant v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare of the United States, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 1981.

Attorney(s) appearing for the Case

Bion J. Beebe, Legal Services of South-central Kansas, El Dorado, Kan., for plaintiff-appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James P. Buchele, U. S. Atty., Topeka, Kan., Randolph W. Gaines, Chief of Litigation, Baltimore, Md., Stanley Ericsson, Dept. of Health, Education, and Welfare, for defendant-appellee.

Before HOLLOWAY, BARRETT, and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal from a summary judgment of the district court, upholding the decision of the Secretary that plaintiff Henryetta Courtney Johnson was not entitled to child's insurance benefits on her adoptive father's account under the old-age insurance benefits provisions of the Social Security Act (the Act). 462 F.Supp. 656.

I

Henryetta's adoptive father, Theodore Courtney, became...

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