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PARSONS FOR BRYANT v. HEALTH AND HUMAN SERVICES

No. 84-1842.

762 F.2d 1188 (1985)

Evelyn M. PARSONS, for Charles I. BRYANT, Jr., infant, Appellant, v. HEALTH AND HUMAN SERVICES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1985.

Attorney(s) appearing for the Case

J.D. Bolt, Grundy, Va., for appellant.

Charlotte Hardnett, Dept. of Health and Human Services, Washington, D.C. (Beverly Dennis, III, Regional Atty., David L. Hyman, Asst. Regional Atty., Philadelphia, Pa., John P. Alderman, U.S. Atty., Jennie L. Montgomery, First Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Evelyn M. Parsons, suing on behalf of her infant son, Charles I. Bryant, Jr., appeals a summary judgment affirming the Secretary's denial of his Social Security benefits. The child's father was an insured, deceased wage earner. Parsons raises two issues: first, the North Carolina Succession Law, as applied to an illegitimate, posthumous child is unconstitutional, and, consequently, her child is entitled to benefits under 42 U.S.C. &...

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