LINDSAY v. RICHARDSON

Civ. No. 2794.

357 F.Supp. 203 (1973)

Barbara Ann LINDSAY et al., Plaintiffs, v. Elliot L. RICHARDSON, Secretary, United States Department of Health, Education and Welfare, Defendant.

United States District Court, W. D. North Carolina, Charlotte Division.

April 10, 1973.


Attorney(s) appearing for the Case

Gail F. Barber, James A. Long, IV, Thomas W. Pulliam, Jr., John D. Ross, III, Thomas H. Wyche and Donald S. Gillespie, Jr., Legal Aid Society of Mecklenburg County, Charlotte, N. C., for plaintiffs.

Keith S. Snyder, U. S. Atty., Asheville, N. C., and Hugh J. Beard, Jr. and David B. Sentelle, Asst. U. S. Attys., Charlotte, N. C., for defendant.


OPINION AND ORDER

McMILLAN, District Judge.

Plaintiffs were receiving Social Security benefits. In November, 1970, these benefits were reduced by the defendant without notice or hearing or opportunity to be heard on the propriety of the discontinuance of the benefits. Plaintiffs filed suit to establish their rights. Based upon Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970), and Wright v. Finch,

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