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TYSON v. HECKLER

No. 83-3128.

727 F.2d 1029 (1984)

Shirley TYSON, as Natural Mother and Attorney-in-Fact for Timothy Patrick Tyson, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

Massie & Scott, James C. Massie, Tallahassee, Fla., for plaintiff-appellant.

John W. Wojciechowski, Baltimore, Md., for defendant-appellee.

Before GODBOLD, Chief Judge, RONEY and KRAVITCH, Circuit Judges.

GODBOLD, Chief Judge:

This appeal, in a social security case, raises the constitutionality of 42 U.S.C. Sec. 410(a)(3)(A) (1976 & Supp. V 1981), which provides in pertinent part:

(a) The term "employment" means any service performed ... by any employee for the person employing him ... except that ... such term shall not include ... (3)(A) Service performed by ... a child under the age of twenty-one in the employ of his father or mother.

The district...

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