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FINNERTY v. COWEN

No. 78, Docket 74-1668.

508 F.2d 979 (1974)

Kathleen M. FINNERTY, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. James L. COWEN, Individually and as Chairman of the Railroad Retirement Board, and Caspar Weinberger, Individually and as Secretary of Health, Education, and Welfare, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 16, 1974.

Attorney(s) appearing for the Case

Jonathan A. Weiss, New York City (Toby Golick, Legal Services for the Elderly Poor, Jamaica, N. Y., Ellen Zweibel and Rolf N. Olsen, Jr., Law Students, New York City, Michael Lynch, Albany, N. Y., on the brief), for plaintiff-appellant.

William J. Dreyer, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty. for the Northern District of New York, on the brief), for defendants-appellees.

Before DANAHER, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff Kathleen M. Finnerty, an elderly widow, receives benefits under both the Social Security and Railroad Retirement Acts. Both acts provide for a reduction of benefits when a recipient has certain types of income in excess of an amount fixed by Congress. After both the Social Security Administration and the Railroad Retirement Board reduced plaintiff's benefits for this reason, she brought suit in the United States District Court for...

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