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REED v. GARDNER

Civ. No. 66-1224-TC.

261 F.Supp. 87 (1966)

Alda T. REED, on Behalf of herself and all persons similarly situated, Plaintiff, v. John W. GARDNER, as Secretary of the United States Department of Health, Education and Welfare, Defendant.

United States District Court C. D. California.

November 14, 1966.

Attorney(s) appearing for the Case

A. L. Wirin, and Fred Okrand, of Wirin, Okrand and Sperber, Los Angeles, Cal., for plaintiff.

Manuel L. Real, U. S. Atty., for the Central District of California, by Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Division, and M. Morton Freilich, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

Before ELY, Circuit Judge, CLARKE, Chief District Judge, and CRARY, District Judge.

PER CURIAM:

This case presents essentially a single question of law:

May eligibility for benefits under Section 103(a) of the Health Insurance for the Aged Act (Medicare) (79 Stat. 333 (1965)) be conditioned upon nonmembership, or declaration of nonmembership, in a certain class of organizations described in Section 103(b) of the Act?

Section 103(b) (1) of the Act denies Medicare benefits to certain applicants...

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