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GRIFFIN v. RICHARDSON

Civ. No. 71-1404.

346 F.Supp. 1226 (1972)

Barbara Ann GRIFFIN, a minor by her next of friend, Katherine Elizabeth Davis, Individually and on behalf of all others similarly situated v. Elliot RICHARDSON, Secretary, Department of Health, Education and Welfare, Individually and in his official capacity.

United States District Court, D. Maryland.

July 6, 1972.

Attorney(s) appearing for the Case

C. Christopher Brown, Gerald L. Hockstein, and Richard Rosen, Baltimore, Md., for plaintiff.

Kenneth A. Rutherford, Dept. of Justice, Washington, D. C., George Beall, U. S. Atty., and Jean G. Rogers, Asst. U. S. Atty., Baltimore, Md., for defendant.

Before SOBELOFF, Senior Circuit Judge, and MURRAY and BLAIR, District Judges.

OPINION

BLAIR, District Judge.

This suit, brought in forma pauperis, challenges the constitutionality of § 203(a) of the Social Security Act, 42 U. S.C. § 403(a), on the ground that it discriminates against certain illegitimate children in denying them benefits under the Act in violation of the due process clause of the Fifth Amendment. Plaintiff seeks injunctive and declaratory relief for herself and on behalf of a class of all similarly situated...

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