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McMILLIAN BY McMILLIAN v. HECKLER

No. 84-1078.

759 F.2d 1147 (1985)

Wayne M. McMILLIAN by his Guardian Ad Litem, Annie M. McMILLIAN, Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 1985.

Rehearing and Rehearing Denied May 23, 1985.

Attorney(s) appearing for the Case

Kenneth A. Shanklin, Wilmington, N.C. (Newton, Harris & Shanklin, Wilmington, N.C., on brief), for appellant.

R.A. Renfer, Jr., Asst. U.S. Atty., Samuel T. Currin, U.S. Atty., Dennis I. Moore, Asst. U.S. Atty., Raleigh, N.C., Floyd Lewis, N.C. Dept. of Justice, Raleigh, N.C. (Charles J. Murray, N.C. Dept. of Justice, Raleigh, N.C., Carl H. Harper, Regional Atty., Atlanta, Ga., James N. Stephens, Deputy Regional Atty., Dennis R. Williams, Asst. Deputy Regional Atty., U.S. Dept. of Health and Human Services, Washington, D.C., on brief), for appellees.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 23, 1985.

JAMES DICKSON PHILLIPS, Circuit Judge.

This appeal presents questions concerning the means by which a minor claimant to survivor social security benefits may attempt to establish that though he was born in wedlock he is in fact the illegitimate child of another than this mother's husband. Wayne M. McMillian, the claimant here, appeals the district court's grant of summary judgment in favor of the Secretary...

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