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LOFTY v. RICHARDSON

No. 20484.

440 F.2d 1144 (1971)

Barber LOFTY, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

March 4, 1971.

Attorney(s) appearing for the Case

Morton E. Schneider, Detroit, Mich., Kelman, Loria, Downing & Schneider, Detroit, Mich., on the brief, for appellant.

James C. Hair, Jr., Department of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Department of Justice, Washington, D.C., James H. Brickley, U. S. Atty., Detroit, Mich., on the brief, for appellee.

Before EDWARDS and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

EDWARDS, Circuit Judge.

In this case appellant attacks the constitutionality of an amendment to the Social Security Act adopted in 1965 (42 U.S.C. § 424a, as amended, (Supp. V, 1969)) which had the effect of reducing a claimant's Social Security disability benefits by the amount of Workmen's Compensation benefits received by him where the total received under the two programs exceeded 80% of his previous average monthly wages. Appellant claims this provision...

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