Neta Jones v. Robert H. Finch, Secretary of Health, Education, and Welfare

MURRAH, Chief Judge.

This is an appeal from an Order of the District Court for the District of New Mexico granting defendant’s Motion for Summary Judgment in an action by which Neta Jones, claimant, seeks to recover Mother’s and Child’s benefits as provided by 42 U.S.C. Section 402(g) and (d) based on the account of Curtis Wesley Jones, deceased. We affirm.

At the outset, we consider sua sponte the propriety of deciding this matter in the District Court by summary judgment. On oral argument, some concern was expressed lest disposition of the case on summary judgment deprive the parties of their…