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HODGES v. WEINBERGER

Civ. A. Nos. M-74-838 and M-74-1229.

429 F.Supp. 756 (1977)

William HODGES, Jr., et al., Individually and on behalf of all others similarly situated v. Caspar W. WEINBERGER, Secretary, Department of Health, Education and Welfare. John HARVEY, Individually and on behalf of all others similarly situated v. Caspar W. WEINBERGER, Secretary, Department of Health, Education and Welfare.

United States District Court, D. Maryland.

March 7, 1977.

Attorney(s) appearing for the Case

Dennis M. Sweeney, Gordon S. Berman, and C. Christopher Brown, Baltimore, Md., for plaintiffs.

Jervis S. Finney, U. S. Atty., John W. Sheldon, Asst. U. S. Atty., and Robert Varnum, Office of General Council, Social Security Administration, Baltimore, Md., for defendant.

Before WINTER, Circuit Judge, and HARVEY and MILLER, District Judges.

OPINION AND ORDER

JAMES R. MILLER, Jr., District Judge.

I

Background

Invoking jurisdiction under 42 U.S.C. § 405(g), 28 U.S.C. § 1331, 28 U.S.C. § 1361, and 5 U.S.C. § 701, et seq., plaintiffs in these cases have challenged the constitutionality of one section of the Social Security Act, namely 42 U.S.C. § 1383(a)(2),1 which in turn refers to 42 U.S.C. § 1382(e)...

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