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JONES v. HECKLER

Nos. 81-1080, 81-1132.

712 F.2d 924 (1983)

Albert A. JONES, a minor child; Bridget Jones, a minor child, by their mother and next friend, Albertine Jones; Barbara L. Jones, Appellants, v. Margaret H. HECKLER, Secretary, Department of Health and Human Services, Appellee. Marcia SIMMS, a minor by her next friend, Sheila Simms, Appellant, v. Margaret H. HECKLER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1983.

Rehearing and Rehearing Denied September 9, 1983.

Attorney(s) appearing for the Case

Dennis W. Carroll, Baltimore, Md. (Eileen Franch, Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.

Stanley Ericsson, Dept. of Health and Human Services, Baltimore, Md. (Thomas S. Martin, Acting Asst. Atty. Gen., Russell T. Baker, Jr., U.S. Atty., Baltimore, Md., Randolph W. Gaines, Chief of Litigation, Washington, D.C., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BRYAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 9, 1983.

MURNAGHAN, Circuit Judge:

In Jones v. Schweiker, 668 F.2d 755 (4th Cir.1981), vacated sub nomine Jones v. Heckler, 460 U.S. 1077, 103 S.Ct. 1763, 76 L.Ed.2d 339 (1983), we had for decision the question of whether a child whose parents were not married would, under the provisions of 42 U.S.C. § 416(h)(2)(A), qualify as a dependent entitled to certain...

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