Wagner v. Califano

MEMORANDUM

REGAN, District Judge.

Wanda Wagner, a minor, commenced this action by her next friend Barbara Wagner, her mother, for child’s insurance benefits under the Social Security Act. Both the plaintiff and the defendant, Joseph A. Cali-fano, Jr.1, have filed motions for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure.

On January 7, 1974 Barbara Wagner applied for surviving child’s insurance benefits on behalf of Wanda Wagner, her minor daughter. She alleged that Johnnie Hodges, the deceased wage earner, was the natural father of Wanda. The application was denied after…