ROBINSON v. HECKLER

No. 85-1639.

783 F.2d 1144 (1986)

John H. ROBINSON, Appellant, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1986.


Attorney(s) appearing for the Case

James B. Weeks (Gabriel, Berry, Weston & Weeks, Gary B. Goodman, Greensboro, N.C., on brief), for appellant.

Sharon F. Adams, Regional Atty., Atlanta, Ga., (Kenneth W. McAllister, U.S. Atty., Greensboro, N.C., on brief), for appellee.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and SWYGERT, Senior Circuit Judge of the United States Court of Appeals for the Seventh Circuit, sitting by designation.


MURNAGHAN, Circuit Judge:

FACTS

On September 8, 1966, John H. Robinson was born to Mary Jane Robinson. She and her husband had separated in 1964, and she established a liaison with John Howard Jones, Jr. Mr. Jones could not wed Mrs. Robinson because her marriage had not been dissolved prior to his involvement in a serious motorcycle accident which occurred on January 13, 1966, eight months before the birth of John H. Robinson. Thereafter, Jones lived until...

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