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COX v. SCHWEIKER

No. 80-7430.

684 F.2d 310 (1982)

Carrie J. COX, for Michael K. Cox, S.S. # 258-78-8869, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

August 30, 1982.

Attorney(s) appearing for the Case

Galis, Timmons & Quarterman, John W. Timmons, Jr., Athens, Ga., for plaintiff-appellant.

Amalia Meza, Charles Wolfinger, Jr., Legal Aid Soc. of San Diego, Inc., San Diego, Cal., amici curiae for Welfare Rights Organization of San Diego, Inc. and Deborah Slesnick.

Bernard E. Namie, Asst. U. S. Atty., Macon, Ga., Holly A. Grimes, Carl H. Harper, Regional Atty., Dept. of Health & Human Services, Atlanta, Ga., for defendant-appellee.

Before TUTTLE, KRAVITCH and JOHNSON, Circuit Judges.

TUTTLE, Circuit Judge:

In this case we are asked to determine whether the appellant Carrie J. Cox is entitled to receive federal Social Security survivor's benefits on behalf of her son Michael, based on the earnings record and insured status of the deceased father, James Appling. 42 U.S.C.A. § 402(d) (1974). Michael was born out of wedlock and was never legitimated under Georgia law during the life of his father. The appellant claims entitlement on the basis...

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