GLAZE v. RICHARDSON

No. 29212.

438 F.2d 120 (1971)

Herman GLAZE, a minor who sues by his father and next friend, James Glaze, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 8, 1971.


Attorney(s) appearing for the Case

Harry B. Cohen, Birmingham, Ala., for plaintiff-appellant.

Wayman G. Sherrer, U. S. Atty., J. Richmond Pearson, Asst. U. S. Atty., Birmingham, Ala., for defendant-appellee.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

James Glaze claimed Social Security benefits on behalf of his minor adopted son, Herman Glaze. The Secretary denied the claim. The District Court viewed this as a deserving case but found no basis on which relief could be given and reluctantly affirmed the administrative decision.

We must affirm, because formal adoption proceedings did not become final until after the statutory cutoff date of August 1, 1966, and there was no equitable...

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