Roberto Robles, by His G.A.L., Pablo Robles v. Marion B. Folsom, Federal Security Administrator

HAND, Circuit Judge.

This is an appeal from a judgment, summarily dismissing a complaint to reverse the decision of the Federal Social Security Administration, denying the plaintiff’s application for “insurance benefits” after the death of his father. The question is whether the plaintiff falls within section 402(d) (3) of Title 42 U.S.C.A., which reads as follows: “A child shall be deemed dependent upon his father * * * unless * * * such individual was not living with or contributing to the support of such child and— (A) such child is neither the legitimate nor adopted child of such…