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BURKE v. UNITED STATES

No. 71-2807.

480 F.2d 279 (1973)

James A. BURKE, and on behalf of all others similarly situated, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 20, 1973.

Attorney(s) appearing for the Case

James A. Burke, pro. per.

James L. Browning, Jr., U. S. Atty., Richard F. Locke, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before CHAMBERS, TRASK and WALLACE, Circuit Judges.

PER CURIAM:

Appellant challenges the constitutionality of 38 U.S.C. § 1795 which limits the amount of aggregate benefits a person may receive under two or more veterans' assistance laws.1 Appellant had received benefits under the War Orphans' & Widows' Educational Assistance Act, 38 U.S.C. § 1700 et seq., (chapter 35) of $110 per month for a total of 31¼ months and thereafter applied for benefits under the Veterans'...

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