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DIAZ v. WEINBERGER

Civ. No. 72-1312.

361 F.Supp. 1 (1973)

Santiago DIAZ et al., Plaintiffs, v. Caspar W. WEINBERGER, as Secretary of the Department of Health, Education and Welfare of the United States, Defendant.

United States District Court, S. D. Florida, Miami Division.

As Corrected August 30, 1973.

Attorney(s) appearing for the Case

Alfred Feinberg, Legal Services of Greater Miami, Inc., Miami, Fla., for plaintiffs.

Raymond B. Ray, Asst. U. S. Atty., Miami, Fla., Randolph W. Gaines, Social Security Division, Office of the Gen. Counsel, Dept. of Health, Education and Welfare, Baltimore, Md., for defendant.

Before DYER, Circuit Judge, and EATON and KING, District Judges.

MEMORANDUM OPINION

JAMES LAWRENCE KING, District Judge:

This action challenges the constitutionality of the eligibility requirement for aliens who wish to enroll in the supplemental medical insurance plan established as part of the Medicare program. Section 1836(2)(A)(ii) of the Social Security Act of 1935, as amended, 42 U.S. C. § 1395o(2)(A)(ii) (1970), disqualifies all aliens from benefits but those lawfully admitted for permanent residence...

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