Legal Opinion

Yount v. Weinberger

District Court, W.D. Pennsylvania

Decided May 17, 1974No. Civ. A. No. 73-861Published

1Opinion of the Court

MEMORANDUM and ORDER

McCUNE, District Judge.

The only issue before the court in this appeal from a decision of the Social Security Administration is whether the plaintiff (“claimant”) was the “parent” of the deceased wage earner, Norman Yount, for purposes of § 202(h)(3) of the Social Security Act, 42 U.S.C. § 402(h)(3).1

We find that she was not. We will, therefore, grant the Secretary’s motion that we enter a summary judgment in his favor.

The plaintiff has filed suit2 in an attempt to obtain parent’s benefits as provided by § 202(h)(1) of the Act, 42 U. S.C. § 402(h)(1).

To receive parent’s…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Leyerly v. United StatesCourt of Appeals for the Tenth Circuit · 1947
  3. Evans's EstateSuperior Court of Pennsylvania · 1911
  4. Benson v. NicholasSupreme Court of Pennsylvania · 1914
  5. Benson v. NicholasSupreme Court of Pennsylvania · 1916

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