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BLOUNT v. SMITH

Civ. A. No. 75-750.

440 F.Supp. 528 (1977)

Charles BLOUNT, James Leonard, and Roland Riley, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Paul J. SMITH, Secretary of the Department of Labor and Industry, John M. Clark, Executive Director of the Bureau of Employment Security, Gerald M. Pittaway, Manager of Employment Security, Robert B. Ryan, Manager of the York Office of Bureau of Employment Security, Defendants.

United States District Court, M. D. Pennsylvania.

November 4, 1977.

Attorney(s) appearing for the Case

Marion E. Frankston, Stephen R. Krone, Harrisburg, Pa., Alan N. Linder, Lancaster, Pa., for plaintiffs.

Kathleen Herzog Larkin, Edward A. Miller, Deputy Attys. Gen., J. Justin Blewitt, Jr., Deputy Atty. Gen., Chief, Civ. Litigation, Robert P. Kane, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for defendants.

MEMORANDUM

HERMAN, District Judge.

Plaintiffs were convicted, in state summary proceedings, of fraudulently receiving unemployment compensation benefits. As a result of these convictions, Plaintiffs, although otherwise qualified, were declared ineligible to receive benefits for a period of one year pursuant to Section 402(g) of the Pennsylvania Unemployment Compensation Act, 43 P.S. § 802(g). This action challenges the validity of § 402(g) on constitutional...

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