CARLOUGH v. RICHARDSON

No. 30983.

445 F.2d 864 (1971)

Vivian E. CARLOUGH, Plaintiff, Appellant, v. Elliott Lee RICHARDSON, as Secretary of Health, Education and Welfare, Defendant, Appellee.

United States Court of Appeals, Fifth Circuit.

June 14, 1971.


Attorney(s) appearing for the Case

Thomas G. Spicer, Miami, Fla., Norman B. Smith, North Miami, Fla., for plaintiff, appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., Erwin N. Griswold, Sol. Gen., Dept. of Justice, Robert V. Zener, Judith S. Seplowitz, L. Patrick Gray, III, Asst. Attys. Gen., Dept. of Justice, Washington, D. C., for defendant, appellee.

Before COLEMAN, GOLDBERG, and SIMPSON, Circuit Judges.


PER CURIAM:

The appellant, Vivian E. Carlough, sought judgment that § 203(f) (3) of the Social Security Act, 42 U.S.C., § 403(f) (3), providing for the deduction of earned income from old age benefits otherwise payable under the Act, is unconstitutional.

The suit was first submitted to a three Judge District Court, which held that no substantial constitutional issue was presented, ordered itself dissolved, and remanded to a single District Judge...

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