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MARACLE v. RICHARDSON

Civ. 1970-450.

348 F.Supp. 234 (1972)

Vivian MARACLE, on behalf of her minor child, Michelle Jean Maracle, and Mary Ann Slagor, on behalf of her minor child, Joseph Daniel Donovan, Plaintiffs, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare and Janet Donovan Lee, on behalf of her minor children, Leanne, et al., Defendants.

United States District Court, W. D. New York.

September 21, 1972.

Attorney(s) appearing for the Case

The Legal Aid Bureau of Buffalo, Inc. Neighborhood Legal Services, Buffalo (Robert D. Kolken, Buffalo, of counsel) for plaintiffs.

John T. Elfvin, U. S. Atty., Buffalo (Richard J. Arcara, Buffalo, of counsel), for defendants.

Before TIMBERS, Circuit Judge, HENDERSON, Chief Judge, and CURTIN, District Judge.

CURTIN, District Judge:

This action challenges the constitutionality of a provision of the Social Security Act, 42 U.S.C. § 301 et seq., which in this case discriminates against some illegitimate children in the payment of child's insurance benefits based upon the earnings record of their deceased father. Invoking the jurisdiction of the court pursuant to 42 U.S.C. § 405(g), plaintiffs seek reversal of a final decision of the Secretary of Health, Education...

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