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MORRIS v. RICHARDSON

Civ. A. Nos. 15706, 15733.

346 F.Supp. 494 (1972)

Deborah MORRIS et al., Plaintiffs, v. Elliot L. RICHARDSON, In his Official Capacity as Secretary of Health, Education and Welfare, Defendant. Michelle GAY, An Infant by Her Mother and Next Friend, Joan B. Gay, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Elliot L. RICHARDSON, In his Official Capacity as Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

July 20, 1972.

Attorney(s) appearing for the Case

David A. Webster, David G. Crockett, Jay E. Loeb, Atlanta Legal Aid, Atlanta, Ga., for plaintiffs.

John W. Stokes, Jr., U. S. Atty., N. D. of Georgia (Stanley Baum and Julian Longley, Asst. U. S. Attys.), Atlanta, Ga., Paul Merlin, Chief of Litigation (Henry Eigles, Atty.), Social Security Div., Office of General Counsel, Dept. of HEW, Washington, D. C., for defendant.

Before MORGAN, Circuit Judge, and MOYE and FREEMAN, District Judges.

OPINION

MOYE, District Judge:

This suit challenges the constitutionality of a provision of the Social Security Act, 42 U.S.C. § 403(a), which disqualifies certain illegitimate children from sharing equally with their half-siblings in survivors' benefits on the death of their wage-earner parent. The complaint, brought as a class action under Rule 23(a) and (b) (2) of the Federal Rules of Civil Procedure, seeks declaratory and injunctive relief against...

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