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KHABBAZ EX REL. ENG v. COMMISSIONER

No. 2006-751.

930 A.2d 1180 (2007)

Christine C. Eng KHABBAZ, by and through her Mother and next Friend, Donna M. ENG v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION.

Supreme Court of New Hampshire.

Opinion Issued: August 9, 2007.

Attorney(s) appearing for the Case

Hamblett & Kerrigan, P.A., of Nashua (Timothy G. Kerrigan and Jennifer R. Schick on the brief, and Mr. Kerrigan orally), for the plaintiff.

United States Department of Justice, of Washington, D.C., (Nicholas J. Patterson and Richard G. Lepley on the brief, and Mr. Patterson orally), Peter D. Keisler, assistant attorney general, on the brief, Thomas P. Colantuono, United States Attorney (David L. Broderick, Assistant United States Attorney, on the brief), United States Social Security Administration (Karen J. Aviles and Nancy B. Salafia, attorneys, Office of General Counsel and Office of Program Law, on the brief), for the defendant.

DUGGAN, J.

Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Barbadoro, J.) certified the following question for our consideration:

Is a child conceived after her father's death via artificial insemination eligible to inherit from her father as his surviving issue under New Hampshire intestacy law?

We respond in the negative.

The district court's order provides the following facts...

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