District Court, S.D. California March 24, 1959, Civ. No. 20591 (McDaniel v. Flemming)

TOLIN, District Judge.

This case comes before the Court upon review of a decision of the Secretary of Health, Education and Welfare, Social Security Administration, which denied Social Security benefits to Diane L. McDaniel, an illegitimate child of Albert L. McDaniel, now deceased.

In the initial hearing before the Secretary, both surviving minor children of Albert L.