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POLELLE v. SECRETARY OF HEALTH, ED. & WELF. OF U. S.

No. 73 C 774.

386 F.Supp. 443 (1974)

Michael V. POLELLE, on behalf of himself Individually and on behalf of all others similarly situated, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE OF the UNITED STATES of America, Defendant.

United States District Court, N. D. Illinois, E. D.

April 19, 1974.

Attorney(s) appearing for the Case

Michael J. Polelle, Hanover Park, Ill., for plaintiff.

James R. Thompson, U. S. Atty., N. D. Ill., Chicago, Ill., for defendant.

Before CUMMINGS, Circuit Judge, and MAROVITZ and McMILLEN, District Judges.

MEMORANDUM OPINION AND JUDGMENT ORDER

Plaintiff has asked us to invalidate former Section 215(b)(3) of the Social Security Act (42 U.S.C.A. § 415 (b)(3) (1969)) on the ground that it permits females to receive more favorable retirement insurance benefits than similarly situated males. He exhausted his administrative remedies before filing this action.

According to the complaint, plaintiff was born on February 20, 1908. On October 18, 1971, at age 63...

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