GARCIA ON BEHALF OF GARCIA v. SULLIVAN

No. 88-5654 Summary Calendar.

874 F.2d 1006 (1989)

Eudelia GARCIA, on Behalf of Mary GARCIA, Linda Garcia, Annie Garcia, and Abel Garcia, Jr., Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 7, 1989.


Attorney(s) appearing for the Case

Richard T. Haase, Haase & Haase, San Antonio, Tex., for plaintiff-appellant.

Joseph B. Liken, Dallas, Tex., James W. Jennings, Jr., Asst. U.S. Atty., and Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before RUBIN, GARWOOD and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The issue is whether the birth certificate of a child born out of wedlock completed by a midwife naming a deceased wage earner as both the father of the child and as the informant who supplied that information constitutes a written acknowledgement of paternity sufficient to entitle the child to social security survivors' benefits. We hold that, without additional evidence tending to prove that the wage earner authorized

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