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GRUENWALD v. GARDNER

No. 309, Docket 31798.

390 F.2d 591 (1968)

Oskar GRUENWALD, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Second Circuit.

Decided March 6, 1968.

Attorney(s) appearing for the Case

Julius C. Biervliet, New York City (Edward Q. Carr, Jr., New York City, on the brief), for appellant.

Howard L. Stevens, Asst. U. S. Atty., Eastern Dist. of New York (Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, on the brief), for appellee.

Before MEDINA, MOORE and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

After receiving notice of the old age assistance benefits awarded him in the amount of $80.50, pursuant to the provisions of the Social Security Act, the plaintiff requested reconsideration on the ground that Congress had established different and discriminatory criteria for the computation of benefits for men and women at age 62 as a result of the application of 42 U.S.C. § 415(b) (3). Because the plaintiff, a male, elected, as he was...

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