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PATTERSON v. MATHEWS

Civ. A. No. 75-1337.

413 F.Supp. 687 (1976)

I. V. PATTERSON, Individually, and on behalf of the Estate of his Deceased wife Gussie M. Patterson, as administrator thereof, and on behalf of all other persons similarly situated, Plaintiff, v. David MATHEWS, Individually and in his official capacity as Secretary of the Department of Health, Education and Welfare of the United States, Defendant.

United States District Court, W. D. Pennsylvania.

April 26, 1976.

Attorney(s) appearing for the Case

Douglas Reed, and James E. Mahood, Neighborhood Legal Services, Pittsburgh, Pa., for plaintiff.

Craig R. McKay, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

O. Randolph Bragg, Pennsylvania Legal Service Center, Harrisburg, Pa., for intervenor.

SNYDER, District Judge.

This is an action in which the Plaintiff, I. V. Patterson, challenges on Due Process and Equal Protection bases the constitutionality of a portion of the Social Security Act relating to disability benefits, 42 U.S.C. Section 1383(b) (Title XVI, Section 1631(b))1 and 20 C.F.R. § 416.542,2 the effect of which, he claims, is to preclude the spouse and the estate of a deceased recipient...

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