MESSER v. FINCH

No. 1814.

314 F.Supp. 511 (1970)

Gilbert MESSER et al., Plaintiffs, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant.

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

June 2, 1970.


Attorney(s) appearing for the Case

Howard Thorkelson, Prestonsburg, Ky., for plaintiffs.

Eugene E. Siler, Jr., U. S. Atty., Moss Noble, James F. Cook, Asst. U. S. Attys., for defendant.

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


OPINION

PER CURIAM.

This action attacks the constitutionality of Section 225 of the Social Security Act, 42 U.S.C. § 425, and seeks declaratory and injunctive relief therefrom.

The constitutional attack is bottomed upon the plaintiff's claim that the instant statute allows the defendant Secretary to terminate Social Security benefits by "ex parte" action without "affording reasonable and adequate notice and opportunity for a prior hearing on...

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