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GILLETT-NETTING v. BARNHART

No. 03-15442.

371 F.3d 593 (2004)

Rhonda GILLETT-NETTING, on her own behalf and on behalf of her minor children; Juliet O. Netting and Piers W. Netting., Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2004.

Attorney(s) appearing for the Case

Hagit M. Elul, Hughes, Hubbard & Reed, New York, NY, briefed and argued the cause for the plaintiff-appellant. William T. Bissett, Hughes, Hubbard & Reed, New York, NY, and Priscilla J. Smith, Center for Reproductive Rights, New York, New York, were also on the briefs.

Sharon Swingle, U.S. Department of Justice, Washington, DC, briefed and argued the cause for the defendant-appellee. William Kanter, U.S. Department of Justice, Washington, DC, was also on the briefs.

Before: B. FLETCHER, REINHARDT, Circuit Judges, and RESTANI, Judge.

BETTY B. FLETCHER, Circuit Judge:

Plaintiff-Appellant Rhonda Gillett-Netting ("Gillett-Netting"), on her own behalf and on behalf of her minor children Juliet O. Netting and Piers W. Netting, appeals the district court's grant of summary judgment for the Commissioner of Social Security ("Commissioner"). The district court affirmed the Commissioner's decision holding that Juliet and Piers are not entitled to child's insurance benefits based on the earnings of their...

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