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THOMAS v. WEINBERGER

No. 73 Civ. 4949 (MP).

384 F.Supp. 540 (1974)

King THOMAS et al., Plaintiffs, v. Caspar WEINBERGER, as Secretary of Health, Education and Welfare, and the United States Department of Health, Education and Welfare, Defendants.

United States District Court, S. D. New York.

November 14, 1974.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, New Rochelle, N. Y., for plaintiffs, by Martin A. Schwartz, White Plains, Catherine E. Cronin, and Robert J. Anderson, New Rochelle, of counsel.

Paul J. Curran, U. S. Atty., S. D. N. Y., by V. Pamela Davis, Asst. U. S. Atty.

The Legal Aid Society, New York City, for applicants for intervention, by Morton B. Dicker, and Eric Rundbaken, New York City, of counsel.

OPINION

POLLACK, District Judge.

Four motions are presently pending in this case: defendants' Rule 12(b) motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, plaintiffs' cross-motion for summary judgment under Rule 56, plaintiffs' Rule 23 motion for class action determination, and a Rule 24 motion for intervention.

The plaintiffs allege that they have qualified for Social Security Act benefit payments and that they...

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