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GAINVILLE v. RICHARDSON

Civ. A. No. 70-204.

319 F.Supp. 16 (1970)

Walter GAINVILLE, Hyman Kramer, Arthur Camer, Philip Saponaro, Ralph Alms, Frank McGillvray, William Manzel, v. Elliot RICHARDSON, Secretary of Health, Education, and Welfare, and Robert M. Ball, Commissioner of the Social Security Administration.

United States District Court, D. Massachusetts.

October 29, 1970.

Attorney(s) appearing for the Case

Morris M. Goldings, Joel Z. Eigerman, Mahoney, McGrath, Atwood, Piper & Goldings, Gertrude Weiner, Boston Legal Assistance Project, Boston, Mass., for plaintiffs.

James Barnes, Atty., Civil Division, Dept. of Justice, Herbert F. Travers, Jr., U. S. Atty., James N. Gabriel, Asst. U. S. Atty., for defendant.

Before McENTEE, Circuit Judge, WYZANSKI, Chief District Judge, and GIGNOUX, District Judge.

OPINION

WYZANSKI, Chief District Judge.

This case is before the court on defendant's motion to dismiss the complaint on grounds of lack of jurisdiction and failure to state a cause of action.

This is a class action brought by seven plaintiffs claiming that, as applied to them and others in their class, § 203(f) (3) of the Social Security Act, 42 U.S.C. § 403(f) (3)—a provision for deducting earned income from old age benefits otherwise...

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