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BARTLEY v. FINCH

No. 1264.

311 F.Supp. 876 (1970)

Russell BARTLEY et al., Plaintiffs, v. Robert H. FINCH, Secretary of Health, Education and Welfare, and the United States of America, Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

April 27, 1970.

Attorney(s) appearing for the Case

Ronald W. May, Pikeville, Ky., for plaintiffs.

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., for defendants.

Before COMBS, Circuit Judge, and MOYNAHAN and SWINFORD, District Judges.

MEMORANDUM

SWINFORD, District Judge.

The plaintiffs bring this action under the provisions of Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). It is brought as a class action under the provisions of Rule 23(a), (b), Rules of Civil Procedure. The named defendants are Robert H. Finch, Secretary of Health, Education and Welfare, and the United States of America. The plaintiffs ask that a three-judge court be impaneled to pass on the question...

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