Johnson v. Califano

HOLLOWAY, Circuit Judge.

This is an appeal from a summary judgment of the district court, upholding the decision of the Secretary that plaintiff Hen-ryetta Courtney Johnson was not entitled to child’s insurance benefits on her adoptive father’s account under the old-age insurance benefits provisions of the Social Security Act (the Act). 462 F.Supp. 656.

I

Henryetta’s adoptive father, Theodore Courtney, became entitled to old-age insurance benefits in 1970. Henryetta was born January 1, 1975, to Jimmy L. Johnson and Linda Tucker, who have never been married. Mr. Courtney was alleged to be the…