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KOHR v. WEINBERGER

Civ. A. No. 73-1698.

378 F.Supp. 1299 (1974)

Paul KOHR, on behalf of himself and all others similarly situated, Plaintiff, v. Caspar W. WEINBERGER, Individually and as Secretary of the Department of Health, Education and Welfare, et al., Defendants.

United States District Court, E. D. Pennsylvania.

July 26, 1974.

Attorney(s) appearing for the Case

Robert E. J. Curran, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Philadelphia, Pa., Frank L. Dell'Acqua, Chief of Litigation, James C. Pyles, Atty., Social Security Div., Dept. of Health, Education and Welfare, Washington, D.C., for defendants.

David A. Scholl, Annette Hearing Sullivan, Chester, Pa., for plaintiffs.

Before VAN DUSEN, Circuit Judge, and HIGGINBOTHAM and FOGEL, District Judges.

OPINION

FOGEL, District Judge.

This action, brought by plaintiff Paul Kohr on behalf of himself and similarly situated male recipients of social security benefits, challenges the constitutionality of § 215(b)(3) of the Social Security Act, 42 U.S.C. § 415(b)(3), because that provision accords females receiving social security payments under the terms of that subsection more favorable benefit computation than their male counterparts.

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