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WEISS v. GARDNER

No. 66 Civ. 498.

263 F.Supp. 184 (1966)

Aline P. WEISS and Alice K. Pollitzer, Plaintiffs, v. John W. GARDNER, as Secretary of the Department of Health, Education and Welfare, and Bernice L. Bernstein, Regional Director, Department of Health, Education and Welfare, Defendants.

United States District Court S. D. New York.

Decided October 11, 1966.

Attorney(s) appearing for the Case

William D. Zabel, American Civil Liberties Union, New York City (Melvin L. Wulf, New York City, on the brief), for plaintiffs.

Robert E. Kushner, Asst. U. S. Atty. for Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Benjamin C. Flannagan and Garvin L. Oliver, Attys., Dept. of Justice, on the brief), for defendants.

Before HAYS, Circuit Judge, and BONSAL and WYATT, District Judges.

HAYS, Circuit Judge:

This is an action for a declaratory judgment declaring that Section 103(b) of the Social Security Act Amendments of 1965, Public Law 89-97, 79 Stat. 286, 42 U.S.C. § 426 (note) (Supp. I, 1965), is unconstitutional in certain respects, and that "the use of" a clause in a prescribed form of application for hospitalization insurance under the Act is also unconstitutional. Plaintiff's application for the convening of a three-judge court was granted...

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