HEPKE v. HARRIS

No. 80-3226.

657 F.2d 100 (1981)

Vernon F. HEPKE, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1981.


Attorney(s) appearing for the Case

Kenneth S. Handmaker, Handmaker, Weber & Meyer, Louisville, Ky., for plaintiff-appellant.

Timothy J. Gillenwater, Asst. U. S. Atty., Louisville, Ky., Stanley Ericsson, Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before EDWARDS, Chief Judge, and LIVELY and JONES, Circuit Judges.


PER CURIAM.

The wage earner in this case, Dorothy Hepke, died October 22, 1967, survived by her husband Vernon and four minor children. At the time of her death, although she was fully entitled to social security benefits as a result of her own employment, her children were not eligible for child insurance benefits under the Social Security Act as it was then written. At the time in question, however, if it had been Vernon Hepke who died, they would have been entitled...

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