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CAPATO EX REL. B.N.C. v. COM'R OF SOCIAL SEC.

No. 10-2027.

631 F.3d 626 (2011)

Karen K. CAPATO, o/b/o B.N.C., K.N.C., Appellant v. COMMISSIONER OF SOCIAL SECURITY.

United States Court of Appeals, Third Circuit.

Opinion Filed: January 4, 2011.

Attorney(s) appearing for the Case

Bernard A. Kuttner, Esq., (Argued), Kuttner Law Offices, Millburn, NJ, for Appellant.

Kelsi B. Corkran, Esq., (Argued), William Kanter, Esq., United States Department of Justice, Washington, DC, Christopher J. Brackett, Esq., Sixtina Fernandez, Esq., Ellen E. Sovern, Esq., Social Security Administration, Office of General Counsel-Region II, New York, NY, Eric P. Kressman, Esq., Social Security Administration, Philadelphia, PA, for Appellee.

Before: BARRY, CHAGARES and VANASKIE, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

This case—a case that involves the rights of the posthumously conceived children of a deceased wage earner and his widow—requires us to consider the intersection of new reproductive technologies and what is required to qualify for child survivor benefits under the Social Security Act (the "Act"). It goes without saying that these technologies were not within the imagination, much less the contemplation...

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