JIMENEZ v. RICHARDSON

Nos. 71 C 1436, 71 C 2628.

353 F.Supp. 1356 (1973)

Magdalena JIMENEZ, by Ramon Jimenez, her father and next friend, Individually and on behalf of all others similarly situated, et al., Plaintiffs, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, Defendant. Robin BOOKER, by Francine Booker, her mother and next friend, Plaintiff, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Illinois, E. D.

January 30, 1973.


Attorney(s) appearing for the Case

Jane Stevens, Woodlawn Neighborhood Legal Services, Chicago, Ill., for plaintiffs.

Marvin E. Gavin, Regional Atty., Donald E. Phelps, Asst. Regional Atty., Department of Health, Education & Welfare, Chicago, Ill., for defendant.

Before FAIRCHILD, Circuit Judge, and AUSTIN and DECKER, District Judges.


MEMORANDUM OPINION and JUDGMENT ORDER

PER CURIAM.

These consolidated cases challenge the constitutionality of two sections of the Social Security Act inasmuch as they discriminate against a particular class of illegitimate children. A three-judge panel has heard plaintiffs' claims, jurisdiction for which is based upon 42 U.S. C. § 405(g) (1970). For the reasons stated below, this court grants defendant's motion for summary judgment and dismisses both...

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