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JOHNSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 85-1614.

801 F.2d 797 (1986)

Loretta JOHNSON, on Behalf of Dennis BRYANT, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1986.

Attorney(s) appearing for the Case

Jack A. Nolish (argued), Meklir, Schreier, Nolish and Friedman, Southfield, Mich., Matthew A. Tyler (argued), for plaintiff-appellant.

Ellen Dennis, Asst. U.S. Atty. (argued), Detroit, Mich., for defendant-appellee.

Before KRUPANSKY and BOGGS, Circuit Judges, and PORTER, Senior District Judge.

KRUPANSKY, Circuit Judge.

Plaintiff-appellant Loretta Johnson (Johnson), acting on behalf of claimant Dennis Bryant (Bryant), appealed the judgment of the district court, 610 F.Supp. 276 (1985), affirming the Secretary's denial of surviving child's insurance benefits pursuant to 42 U.S.C. § 416(h)(3)(C)(ii).

In early January of 1971, Johnson learned that she had become pregnant. Johnson was an eighteen year old high...

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