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KANTROWITZ v. WEINBERGER

Civ. A. No. 74-961.

388 F.Supp. 1127 (1974)

Sandra KANTROWITZ, etc., and American Public Health Association, Inc., Plaintiffs, v. Caspar WEINBERGER, Defendant.

United States District Court, District of Columbia.

November 22, 1974.

Attorney(s) appearing for the Case

Florence Wagman Roisman, Washington, D.C., Jonathan A. Weiss, New York City, for plaintiffs.

Robert M. Werdig, Jr., Asst. U.S. Atty., Washington, D.C., for defendant.

Before TAMM, Circuit Judge, and SMITH and GESELL, District Judges.

OPINION AND ORDER

GESELL, District Judge:

This is an individual and class action in the nature of mandamus and for declaratory judgment seeking to restrain the Secretary of Health, Education and Welfare from enforcing the provisions of the Social Security Act which, as will be developed later, prohibit federal payment for care or services to persons between the ages of 21 and 65 who are patients in institutions for mental disease.*

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