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JIMENEZ v. WEINBERGER

No. 75-1046.

523 F.2d 689 (1975)

Eugenio and Alicia JIMENEZ, by their father and next friend, Ramon Jimenez, Plaintiffs-Appellees, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1975.

Rehearing Denied November 7, 1975.

Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., John K. Villa, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., Samuel K. Skinner, U. S. Atty., Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for defendant-appellant.

Jane G. Stevens, James D. Weill, Sheldon Roodman, Chicago, Ill., for plaintiffs-appellees.

Before McALLISTER, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.

STEVENS, Circuit Judge.

This appeal is a sequel to Jimenez v. Weinberger, 417 U.S. 628, 94 S.Ct. 2496, 41 L.Ed.2d 363, in which the Supreme Court held unconstitutional the portion of the Social Security Act which had provided the basis for the Secretary's denial of plaintiffs' application for benefits. On remand, the district court granted relief to the plaintiffs and to other similarly...

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