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MAGNER v. FLEMMING

172 F.Supp. 299 (1959)

Carol Ann MAGNER, by Alberta C. Magner, her next friend, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. New York.

March 30, 1959.

Attorney(s) appearing for the Case

Warren W. Wells, White Plains, N. Y., for plaintiff. Roderick B. Travis, White Plains, N. Y., of counsel.

Arthur H. Christy, U. S. Atty. for S. D. of New York, New York City, for the United States. Thomas A. Facelle, Jr., Asst. U. S. Atty., New York City, of counsel.

DIMOCK, District Judge.

This is an action brought by an infant plaintiff through her mother as next friend to set aside the determination of the Appeals Council, Social Security Administration, Department of Health, Education and Welfare. The determination which is attacked is that Carol Ann Magner, the infant plaintiff, is illegitimate and therefore not entitled to social security benefits as the child of her father,...

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