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McDANIEL v. FLEMMING

Civ. No. 20591.

172 F.Supp. 153 (1959)

Diane L. McDANIEL, a Minor, by Charlene F. McDaniel, also known as Charlene F. Green, her Guardian Ad Litem, and Charlene F. Green, Plaintiffs, v. Arthur S. FLEMMING, individually, and as Secretary of Health, Education and Welfare, Social Security Administration, Defendant.

United States District Court S. D. California, Central Division.

March 24, 1959.

Attorney(s) appearing for the Case

Elaine B. Fischel, Los Angeles, Cal., for plaintiffs, Diane L. McDaniel, a Minor, by Charlene F. McDaniel, also known as Charlene F. Green, her Guardian Ad Litem, and Charlene F. Green.

Laughlin E. Waters, U. S. Atty. for the Southern District of California, by Richard A. Levine, Asst. U. S. Atty., Chief, Civil Division, and Donald A. Fareed, Asst. U. S. Atty., Los Angeles, Cal., for defendant Arthur S. Flemming, individually and as Secretary of Health, Education and Welfare, Social Security Administration.

TOLIN, District Judge.

This case comes before the Court upon review of a decision of the Secretary of Health, Education and Welfare, Social Security Administration, which denied Social Security benefits to Diane L. McDaniel, an illegitimate child of Albert L. McDaniel, now deceased.

In the initial hearing before the Secretary, both surviving minor children of Albert L. McDaniel had petitioned for survivors' benefits...

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