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BINION v. CHATER

No. 96-2228.

108 F.3d 780 (1997)

Sandra BINION, o/b/o Clifton BINION, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 1997.

Attorney(s) appearing for the Case

Gary S. Wild, Avram L. Sacks (argued), Chicago, IL, for plaintiff-appellant.

Mary Thorson (argued), Department of Health and Human Services, Region V, Office of the General Counsel, Ernest Y. Ling, Office of United States Attorney, Civil Division, Chicago, IL, for defendant-appellee.

Before MANION, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Is Clifton Binion the biological son of Johnny E. Binion? We can't be absolutely sure. But, we can say Clifton is the legal son of Johnny E. Binion for purposes of survivor's benefits, and because we can, the judgment of the district court affirming a decision of the Commissioner of Social Security is reversed.

Sandra Binion and Johnny E. Binion were married in 1965 and had four children, all girls, between 1966 and...

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