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MUSTACHIO v. CALIFANO

Civ. A. No. 78-2166.

486 F.Supp. 222 (1980)

Ida MUSTACHIO, on behalf of herself and Glen C. Kozubal, Plaintiffs, v. Joseph CALIFANO, Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. New Jersey.

March 19, 1980.

Attorney(s) appearing for the Case

Joseph Govlick, Orange, N. J., for plaintiffs.

Robert J. DelTufo, U. S. Atty. by Eric L. Chase, Asst. U. S. Atty., Newark, N. J., for defendant.

OPINION

STERN, District Judge.

Plaintiff Ida Mustachio brings this action on behalf of herself and her great-grandson, Glen Kozubal, to challenge the denial of social security benefits by the Secretary of Health, Education and Welfare. Section 202(d)(8) of the Social Security Act, Title 42 United States Code, § 402(d)(8), provides that a "grandchild" adopted by and dependent upon an individual who is eligible for retirement benefits may receive child...

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