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MACON, ON BEHALF OF GRIFFIN v. SULLIVAN

Nos. 90-3007, 90-3300.

929 F.2d 1524 (1991)

Mary E. MACON, on Behalf of Wanda GRIFFIN and Raymond Macon, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 11, 1991.

Attorney(s) appearing for the Case

Lester C. Wisotsky, Greater Orlando Area Legal Services, Inc., Orlando, Fla., for plaintiff-appellant.

Kendell W. Wherry, Asst. U.S. Atty., Orlando, Fla., Stanley Ericsson, Dept. of Health and Human Services, Office of the Gen. Counsel, Social Sec. Div., Baltimore, Md., for defendant-appellee.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

ANDERSON, Circuit Judge:

On behalf of her two illegitimate children, appellant Mary E. Macon appeals the denial of subject matter jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1361. Macon's complaint seeks review of the final decision of the Secretary of Health and Human Services denying surviving child's insurance benefits under the Social Security account of Billie L. Griffin, the deceased wage earner. The district court rejected jurisdiction under...

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