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MOSS v. SECRETARY OF HEALTH, ED. AND WELFARE

No. 74-721-Civ-T-H.

408 F.Supp. 403 (1976)

William C. MOSS and Lenore R. Moss, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, M. D. Florida, Tampa Division.

January 15, 1976.

Attorney(s) appearing for the Case

Larry Helm Spalding, Sarasota, Fla., for plaintiffs.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Terry A. Smiljanich, Asst. U. S. Atty., Tampa, Fla., William Z. Elliott, Dept. of Justice, Washington, D. C., for defendant.

Before RONEY, Circuit Judge, and HODGES and REED, District Judges.

ORDER

HODGES, District Judge.

Plaintiffs, William and Lenore Moss, husband and wife, challenge for themselves and members of their class the constitutionality of § 202(c) of the Social Security Act,1 and seek to restrain its enforcement. Due to the nature of the action a three-judge district court was convened. 28 U.S.C. § 2282. The case was heard upon cross motions for summary judgment and upon the Secretary's motion...

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