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CONLON BY CONLON v. HECKLER

No. 82-1202.

719 F.2d 788 (1983)

Trisha Louise CONLON, By Next Friend Judy CONLON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 1983.

Attorney(s) appearing for the Case

Herbert H. Landau, Dallas, Tex., for plaintiff-appellant.

Martha Joe Stroud, Asst. U.S. Atty., Charlene M. DeBolt Seifert, Dallas, Tex., for defendant-appellee.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Trisha Louise Conlon appeals from summary judgment denying her claim for social security survivor's benefits. Finding that the appellant is not the insured's "child," as that term is defined in the Social Security Act, we affirm the district court.

At the time of trial, the claimant, Trisha Louise Conlon ("Trisha"), was twelve years old. Her mother, Judy Ellis Conlon ("Judy"), brought this suit as Trisha's next friend. Judy claimed...

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