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JABLON v. SECRETARY OF HEALTH, EDUCATION & WELF.

Civ. No. K-74-739.

399 F.Supp. 118 (1975)

Bette P. JABLON and Jacob C. Jablon, Individually and on behalf of all other persons similarly situated v. SECRETARY OF HEALTH, EDUCATION AND WELFARE.

United States District Court, D. Maryland.

July 28, 1975.

Attorney(s) appearing for the Case

Arnold Jablon, Jablon and Jablon, Baltimore, Md., Kathleen W. Peratis, American Civil Liberties Union Foundation, New York City, for plaintiff.

William Z. Elliott, Social Security Administration, Baltimore, Md., Jervis S. Finney, U. S. Atty., John W. Sheldon, Asst. U. S. Atty., Baltimore, Md., for defendant.

Before WINTER, Circuit Judge, and KAUFMAN and BLAIR, District Judges.

FRANK A. KAUFMAN, District Judge.

Plaintiffs Jacob and Bette Jablon, husband and wife, have instituted the within proceeding challenging the provisions of 42 U.S.C. § 402(c)(1)(C)1 as repugnant to the Due Process Clause of the Fifth Amendment to the federal Constitution.2

Plaintiffs seek injunctive and declaratory relief against the continued application of 42 U.S.C. § 402(c)(1)(C) in such...

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