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FERGUSON v. WEINBERGER

No. CV 75-11-Bu.

389 F.Supp. 759 (1975)

Arthur FERGUSON et al., Plaintiffs, v. Casper WEINBERGER, Individually and in his official capacity as Secretary of the Department of Health, Education, and Welfare, and Theodore Carkulis, Individually and in his official capacity as Director of the Department of Social and Rehabilitation Services for the State of Montana, Defendants.

United States District Court, D. Montana, Butte Division.

February 13, 1975.

Attorney(s) appearing for the Case

Steven L. Bunch and J. Dennis Moreen, Montana Legal Services, Helena, Mont., for plaintiffs.

Helena S. Maclay, Asst. U. S. Atty., Butte, Mont., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RUSSELL E. SMITH, Chief Judge.

Plaintiffs, all of whom qualified for disability relief under the Montana Aid to Disabled (MAD) laws after June 1973 and all of whom were receiving MAD benefits in December 1973, were removed from the Supplemental Security Income Program (SSI) without any pretermination hearing. Wood and Ferguson were terminated in April, Pederson in June, and Garcia and Muskovitz in August 1974. All...

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