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WOLFE v. SULLIVAN

No. 92-6063.

988 F.2d 1025 (1993)

Della M. WOLFE, formerly known as Della M. Weyburn, for David W. Weyburn, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 12, 1993.

Attorney(s) appearing for the Case

David B. Christian (Duke Halley with him on the brief), of Halley & Christian, Woodward, OK, for plaintiff-appellant.

Christopher Carillo, Asst. Regional Counsel (Timothy D. Leonard, U.S. Atty., Oklahoma City, OK, and Gayla Fuller, Chief Counsel, Region VI, with him on the brief), Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, Dallas, TX, for defendant-appellee.

Before McKAY, Chief Judge, SEYMOUR, and KELLY, Circuit Judges.

SEYMOUR, Circuit Judge.

Della M. Wolfe, f/k/a Della M. Weyburn, appeals from a judgment affirming a decision of the Secretary of Health and Human Services denying her application for child's insurance benefits under the Social Security Act on behalf of her son, David Weyburn. Wolfe filed her application based on the earnings of Earl Bialczyk, the alleged biological father of the child. The claim has been denied at all levels of the appeal process. We affirm.

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