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SEVERANCE v. WEINBERGER

Civ. A. No. 1659-72.

362 F.Supp. 1348 (1973)

Bradford Malcolm SEVERANCE v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare.

United States District Court, District of Columbia.

July 2, 1973.

Attorney(s) appearing for the Case

Edward E. Schwab, Neighborhood Legal Services Program, Washington, D. C., for plaintiff.

Harlington Wood, Jr., Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., Arnold T. Aikens, Asst. U. S. Atty., Harland F. Leathers and Kenneth A. Rutherford, Attys., Dept. of Justice, for defendant.

Before WILKEY, Circuit Judge, and ROBINSON and FLANNERY, District Judges.

AUBREY E. ROBINSON, Jr., District Judge.

OPINION

This is an action for declaratory and injunctive relief challenging the constitutionality of Section 216(h)(3)(A) of the Social Security Act, 42 U.S.C. § 416(h)(3)(A), for alleged discrimination against illegitimate children. Plaintiffs also challenge on the same grounds Section 316 of Title 19, District of Columbia Code, as incorporated by reference in Section 216(h)(2)(A) of the Social Security Act...

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