CANFIELD v. EWING

Civ. No. 12501.

108 F.Supp. 130 (1952)

CANFIELD v. EWING.

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

November 10, 1952.


Attorney(s) appearing for the Case

John G. Canfield, in pro. per., Joseph N. Dobrovir, New York City, of counsel.

Frank J. Parker, U. S. Atty., Brooklyn, N. Y., Nathan Borock, Asst. U. S. Atty., Brooklyn, N. Y., for defendant.


BYERS, District Judge.

Both parties move for summary judgment, in the absence of contested issues of fact.

The plaintiff, being 65 years of age, attacks the constitutionality of the Social Security Act, Title II, 42 U.S.C.A. § 401 et seq., (Old Age Benefits) in that it is said to be "arbitrary" concerning deductions from sums otherwise payable to an individual under 75 years of age, who has net earnings of $50 per month.

The complaint seeks to...

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