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SMITH v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 29098.

431 F.2d 1241 (1970)

Annie M. SMITH, and her husband, William Smith, Plaintiffs-Appellants, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 14, 1970.

Attorney(s) appearing for the Case

Douglas A. Barnes, Keck & Barnes, Dallas, Tex., for plaintiffs-appellants.

Eldon B. Mahon, U. S. Atty., Charles D. Cabaniss, Asst. U. S. Atty., for defendant-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

This action was brought under Section 205(g) of the Social Security Act, 42 U. S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, which denied appellants' request for child insurance benefits under Section 202(d) of the Social Security Act, 42 U.S.C.A. § 402(d), on the ground that the children in question were not, as claimed, "children" of appellants within the meaning of Section 216...

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