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MACK ON BEHALF OF WESLEY v. SULLIVAN

No. 92-4105-R.

813 F.Supp. 760 (1993)

Karen MACK, on Behalf of Litrease WESLEY, minor child, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. Kansas.

January 29, 1993.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, KS, for plaintiff.

D. Brad Bailey, Office of U.S. Atty., Topeka, KS, for defendant.

MEMORANDUM AND ORDER

ROGERS, Senior District Judge.

This is an action to review a final decision by the Secretary of Health and Human Services denying Litrease Wesley, a minor, benefits as a surviving child under 42 U.S.C. § 402(d) based upon her deceased father's Social Security earnings record. This matter is before the court upon plaintiff's motion for summary judgment and defendant's motion for an order affirming the Secretary's decision.

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