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BAKER v. MATHEWS

No. 74-2487.

538 F.2d 855 (1976)

Bruce BAKER et al., Appellants, v. F. David MATHEWS, Secretary of Health, Education and Welfare, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended August 4, 1976.

Attorney(s) appearing for the Case

F. Bradford Niebling (argued), of Patmont & Meyers, San Francisco, Cal., for appellants.

Robert L. Leberman, Deputy Atty. Gen. (argued), of San Francisco, Cal., and Paul J. Fitzpatrick, Asst. U. S. Atty. (argued), San Francisco, Cal., and Donald J. Garibaldi, Deputy City Atty. (argued), San Francisco, Cal., for appellees.

Before CHAMBERS, KILKENNY and TRASK, Circuit Judges.

OPINION

PER CURIAM:

Appellants appeal from a summary judgment of the district court dismissing their class action seeking declaratory, injunctive, and other relief, including repayment to the school district of all Social Security contributions made since July 1, 1972. Appellants claim jurisdiction under 28 U.S.C. § 1331, the Fifth and Fourteenth Amendments to the Constitution, and 42 U.S.C. § 418 on their first cause of action, and 28 U.S.C. ...

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