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SILBOWITZ v. SECRETARY OF HEALTH, EDUCATION & WELF.

Nos. 74-924-Civ-CF, 74-925-Civ-CF.

397 F.Supp. 862 (1975)

Hyman G. SILBOWITZ and Shirley H. Silbowitz, Plaintiffs, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant. Hyman G. SILBOWITZ, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, S. D. Florida.

June 20, 1975.

Attorney(s) appearing for the Case

Bruce S. Rogow, Miami, Fla., for plaintiffs.

William Z. Elliott, Social Security Div., Washington, D. C., Robert W. Rust, U. S. Atty., Robert L. Andrews, Asst. U. S. Atty., Miami, Fla., for defendant.

OPINION AND FINAL JUDGMENT GRANTING SUMMARY JUDGMENT TO PLAINTIFFS

FULTON, Chief Judge.

These consolidated cases are before the Court on cross-motions for summary judgment. The plaintiff in No. 74-925, Hyman G. Silbowitz, seeks review of an administrative denial of Social Security benefits, alleging that the denial was based upon an unconstitutional provision of the Social Security Act, Section 202 (c) (1) (C); 42 U.S.C. § 402 (c) (1) (C). In...

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