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MONTGOMERY v. SCHWEIKER

Civ. No. K-78-1463.

523 F.Supp. 1128 (1981)

Sharon MONTGOMERY v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services.

United States District Court, D. Maryland.

September 30, 1981.

Attorney(s) appearing for the Case

Peter M. D. Martin and Dennis W. Carroll, Jr., Baltimore, Md., for plaintiff.

J. Frederick Motz, U. S. Atty., D. Md. and Gale E. Rasin, Asst. U. S. Attorney, Baltimore, Md., Stephanie W. Naidoff and Susan D. Bricklin, Region III, Dept. of Health and Human Services, Philadelphia, Pa., John W. Wojciechowski, Dept. of Health and Human Services, Baltimore, Md., for defendant.

FRANK A. KAUFMAN, Chief Judge.

Plaintiff-appellant, Sharon Montgomery (plaintiff) appeals from the Secretary's (defendant's)1 denial of her claim for Child's Insurance Benefits, following the death of her alleged father, Walter Williams. In denying plaintiff's claim, the Administrative Law Judge (ALJ) stated the following findings and conclusions:

(1) The wage earner, Walter Williams, died on September 15, 1974, in South Carolina...

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