WHITE v. SCHWEIKER

No. 82-2285.

725 F.2d 91 (1984)

Sally L. WHITE, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 12, 1984.


Attorney(s) appearing for the Case

Leslie J. Cohen, Legal Aid Soc. of Albuquerque, Inc., Albuquerque, N.M., for plaintiff-appellant.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, and John W. Wojciechowski, Atty., Dept. of Health and Human Services, Baltimore, Md., for defendant-appellee.

Before BARRETT and LOGAN, Circuit Judges, and JENKINS, District Judge.


LOGAN, Circuit Judge.

Sally L. White sought judicial review in federal district court under 42 U.S.C. § 405(g) of the Social Security Administration's denial of her claim for survivor's benefits for herself and her minor grandchildren. The district court granted the Secretary's motion to dismiss her complaint for lack of subject matter jurisdiction and for failure to state a constitutional claim on which relief could be granted. The case was submitted on the...

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