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LUCAS v. SECRETARY, DEPT. OF HEALTH, EDUCATION & WELF.

Civ. A. No. 4845.

390 F.Supp. 1310 (1975)

Ruby M. LUCAS, and Darin E. Lucas, infant minors, by their mother and next friend Belmira Lucas v. SECRETARY, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, United States of America,

United States District Court, D. Rhode Island.

February 25, 1975.

Attorney(s) appearing for the Case

Thomas W. Pearlman, Providence, R. I., for plaintiffs.

Everett Sammartino, Asst. U. S. Atty., Providence, R. I., for defendant.

OPINION

PETTINE, Chief Judge.

This action is presently before the court to consider the parties' cross-motions for summary judgment. The action was originally filed in 1972 to seek review under 42 U.S.C. § 405(g) of the final decision of the Secretary of the Department of Health, Education and Welfare (hereinafter "Secretary") denying plaintiffs surviving child's benefits under the Social Security Act as the children of a deceased wage earner. 42 U...

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