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HOLLEY BY HOUSTON v. HECKLER

No. 83-2558.

734 F.2d 401 (1984)

Rose Marie HOLLEY, by Mary HOUSTON, next friend, Appellant, v. Margaret HECKLER, Secretary, Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1984.

Attorney(s) appearing for the Case

Dewey L. Crepeau, Columbia, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., Bruce D. White, Asst. U.S. Atty., St. Louis, Mo., for appellee; Paul P. Cacioppo, Regional Atty., Region VII, Bruce R. Granger, Atty. on the Brief, Department of Health and Human Services, Kansas City, Mo., of counsel.

Before HEANEY, BRIGHT and ARNOLD, Circuit Judges.

PER CURIAM.

The sole question on this appeal is whether substantial evidence supports the decision of the Secretary of Health and Human Services that Rose Marie Holley is not entitled to child survivor benefits as the child of Raymond Martin, Jr., deceased, under 42 U.S.C. § 416(h)(3)(C)(ii). Under that section and administrative interpretation, Holley could claim benefits as Martin's child by presenting satisfactory evidence that he was her biological father...

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