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SPENCER v. FLEMMING

Civ. A. No. W-1991.

188 F.Supp. 517 (1960)

Wanda C. SPENCER, next friend and guardian ad litem of Carolyn N. Tucker, a minor, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare of the United States of America, Defendant.

United States District Court D. Kansas.

June 21, 1960.

Attorney(s) appearing for the Case

Ray S. Schulz, Great Bend, Kan., Paul L. Aylward, Ellsworth, Kan., for plaintiff.

George E. Peabody, Asst. U. S. Atty., Wichita, Kan., for defendant.

HILL, Chief Judge.

In an action by plaintiff to review a decision of the referee of the defendant, both plaintiff and defendant have moved for summary judgment.

The referee's decision denied the plaintiff's application for a child's benefits, because Carolyn N. Tucker, on whose behalf this action is brought, was neither living with nor receiving half her support from William E. Spencer, her deceased stepfather...

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