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GREER BY GREER v. HECKLER

No. 83-2086.

756 F.2d 794 (1985)

Tonisha Shuree GREER, a minor, by her mother and next friend Reva D. GREER, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 7, 1985.

Attorney(s) appearing for the Case

Luis Mata and Paul E. Serrano, Jr., of Wyandotte-Leavenworth County Legal Aid Society, Inc., Kansas City, Kan., for plaintiff-appellant.

Amanda S. Meers, Asst. U.S. Atty., Kansas City, Kan. (Benjamin L. Burgess, Jr., U.S. Atty., Kansas City, Kan., with her on the brief), for defendant-appellee.

Before LOGAN and McWILLIAMS, Circuit Judges, and BOHANON, Senior District Judge.

BOHANON, Senior District Judge.

In this case we are asked to determine whether the appellant Reva D. Greer is entitled to receive federal social security survivor's benefits on behalf of her daughter Tonisha, based on the earnings record and insured status of the alleged father of the child, Anthony Lewis. 42 U.S.C. § 402(d) (1982). Reva Greer was never married to Lewis and, in fact, at the time of Tonisha's birth, on January 28, 1980, she was still married to...

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