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NORTON v. WEINBERGER

Civ. No. 72-271-B.

364 F.Supp. 1117 (1973)

Gregory B. NORTON, Jr., a minor, by his next friend, Marian B. Chiles, Individually and on behalf of all others similarly situated, v. Caspar WEINBERGER, Secretary, Department of Health, Education and Welfare, Individually and in his official capacity.

United States District Court, D. Maryland.

September 14, 1973.

Attorney(s) appearing for the Case

C. Christopher Brown, and Michael Berman, Baltimore, Md., for plaintiffs.

Harlington Wood, Jr., Asst. Atty. Gen., Harland F. Leathers and Bruce E. Titus, Attys., Dept. of Justice, Washington, D. C., George Beall, U. S. Atty. for the District of Maryland, and Jeffrey White, Asst. U. S. Atty., Baltimore, Md., for defendant.

Before WINTER, Circuit Judge, and MURRAY and BLAIR, District Judges.

OPINION

BLAIR, District Judge.

Gregory Norton, Jr., on behalf of himself and all others similarly situated, challenges the constitutionality of § 216(h)(3)(C)(ii) of the Social Security Act, 42 U.S.C. § 416(h)(3)(C)(ii) and seeks to restrain its enforcement. This three judge court has been convened to decide the constitutional question. The case is before the court on cross-motions for summary judgment...

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