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WIESENFELD v. SECRETARY OF HEALTH, EDUCATION & WELFARE

Civ. A. No. 268-73.

367 F.Supp. 981 (1973)

Stephen Charles WIESENFELD, Individually and on behalf of all other persons similarly situated, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, D. New Jersey.

December 11, 1973.

Attorney(s) appearing for the Case

Jane Z. Lifset, Bloomfield, N. J., Ruth Bader Ginsburg, New York City (N. Y. Bar), for plaintiff.

Herbert J. Stern, U. S. Atty., by Bernard S. Davis, Asst. U. S. Atty., T. Scott Johnstone, Dept. of Justice, Washington, D. C., for defendant.

Before HUNTER, Circuit Judge, and WHIPPLE and FISHER, District Judges.

OPINION

CLARKSON S. FISHER, District Judge.

In this action plaintiff alleges that a federal statute, 42 U.S.C. Section 402(g),1 denies him equal protection because only widows and not widowers may collect social security benefits under this section. Plaintiff seeks declaratory and injunctive relief. This three-judge court has been convened pursuant to 28 U.S.C. Sections 2282 and 2284...

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