Legal Opinion

Davis Ex Rel. Swilley v. Richardson

District Court, D. Connecticut

Decided May 8, 1972No. Civ. 13903PublishedCited by 47 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

J. JOSEPH SMITH, Circuit Judge:

This case presents the court with a challenge to a provision of the Social Security Act, 42 U.S.C. § 301 et seq., which discriminates against illegitimate children in the payment of benefits on the death of a wage-earning parent. Norma Davis, an eight-year-old child, has been denied payments based on her deceased father’s earning record because, under 42 U.S.C. § 403(a), as an illegitimate child entitled to benefits under 42 U.S.C. § 416(h) (3), she loses her benefits if the family award is not sufficient to meet the maximum payments due…

2Cases cited14 opinions

  1. Bolling v. SharpeSupreme Court of the United States · 1954
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  4. Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
  5. Richardson v. BelcherSupreme Court of the United States · 1971

9 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Trimble v. GordonSupreme Court of the United States · 1977
  2. Mathews v. LucasSupreme Court of the United States · 1976
  3. Gomez v. PerezSupreme Court of the United States · 1973
  4. Richardson v. MorrisSupreme Court of the United States · 1973
  5. New Jersey Welfare Rights Organization v. CahillSupreme Court of the United States · 1973

42 more not listed; retrieve them via the Exa API.

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