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LINKENHOKER v. WEINBERGER

Civ. A. No. N-74-646.

387 F.Supp. 449 (1975)

Jean LINKENHOKER et al. v. Caspar WEINBERGER, Secretary, Department of Health, Education and Welfare, and David T. Mason, Secretary, Maryland Department of Employment and Social Services, Individually and in their official capacities.

United States District Court, D. Maryland.

January 8, 1975.

Attorney(s) appearing for the Case

C. Christopher Brown and Curtis L. Decker, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

George Beall, U. S. Atty., for the District of Maryland, John W. Sheldon and Virginia S. Draper, Asst. U. S. Attys. (and Phillip Sunderland, Dept. of Health, Education and Welfare), for defendant Weinberger.

Francis B. Burch, Atty. Gen., of Maryland and Joel J. Rabin, Theodore Losin and John K. Anderson, Asst. Attys. Gen., for defendant Mason.

NORTHROP, Chief Judge.

In this action plaintiffs, Jean Linkenhoker, Carolyn Jones and Annie Gray, challenge the validity of a federal regulation, 45 C.F.R. § 233.20(a)(11) (iv) & (v), promulgated by the Secretary of the Department of Health, Education and Welfare [hereinafter, "Secretary of HEW"]. Contrary to the import of the challenged regulation, plaintiffs request this Court to declare that all income earned through public service employment be completely...

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