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SHAW v. WEINBERGER

No. C-C-74-105.

395 F.Supp. 268 (1975)

Cornelius SHAW, on behalf of herself and all persons similarly situated, Plaintiff, v. Caspar WEINBERGER, Secretary, United States Department of Health, Education and Welfare, Defendant.

United States District Court, W. D. North Carolina, Charlotte Division.

May 14, 1975.

Attorney(s) appearing for the Case

Donald S. Gillespie, Jr., and Richard H. Hart, Jr., Legal Aid Society, Mecklenburg County, Charlotte, N. C., for plaintiff.

Keith S. Snyder, U. S. Atty., and Douglas M. Martin, Asst. U. S. Atty., for defendant.

ORDER

McMILLAN, District Judge.

This is a suit challenging the constitutionality of the manner in which the Secretary of the Department of Health, Education and Welfare chose to implement certain provisions of Title XVI of the Social Security Act, which became effective on January 1, 1974. A hearing was conducted in this court on March 18, 1975. There is no disagreement as to the facts.

Plaintiff Cornelius Shaw, a black woman suffering from severe...

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