Shirley L. Heikes, Next Friend of Michael K. Hodges, a Minor v. Arthur S. Flemming, Secretary of Health, Education and Welfare

SCHNACKENBERG, Circuit Judge.

Arthur S. Flemming, Secretary of Health, Education and Welfare, defendant, has appealed from a summary judgment entered by the district court, reversing the decision of defendant, embodied in an appeals council decision. The court reinstated the decision of a referee awarding a child’s social security insurance benefits to Michael K. Hodges, a minor.

It appears from defendant’s brief that Edwin Hodges, father of Michael K. Hodges, was killed in a vehicular accident on October 17, 1955, and that Michael’s child’s benefits claim was filed by plaintiff on his behalf…