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WEATHERBY v. SULLIVAN

No. 90-35477.

942 F.2d 639 (1991)

Jessica A. WEATHERBY; Jocelyn A. Weatherby, Minors By and Through their Guardian ad litem, Cherie L. Tatarka, Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1991.

Attorney(s) appearing for the Case

Robert W. Boyer, Grants Pass, Or., for plaintiffs-appellants.

Richard H. Wetmore, Asst. Regional Counsel, Dept. of Health and Human Services, Seattle, Wash., for defendant-appellee.

Before ALARCON, FERGUSON and HALL, Circuit Judges.

ALARCON, Circuit Judge:

Cherie L. Tatarka, natural mother and guardian ad litem of claimants, Jocelyn and Jessica Weatherby, seeks review of the district court's order affirming the Secretary of Health and Human Services' (Secretary) decision to deny surviving child's social security insurance benefits to her dependent children, following the death of their stepfather.

We must decide two questions in this case:

First. Are dependent children entitled...

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