Magner v. Flemming

DIMOCK, District Judge.

This is an action brought by an infant plaintiff through her mother as next friend to set aside the determination of the Appeals Council, Social Security Administration, Department of Health, Education and Welfare. The determination which is attacked is that Carol Ann Magner, the infant plaintiff, is illegitimate and therefore not entitled to socia*300l security benefits as the child of her father, George H. Magner. Both plain- , tiff and defendant, the Secretary of Health, Education and Welfare, have moved for summary judgment.

The claim has a long history. The 'background…