GOLDBERG v. WEINBERGER

No. 74C157.

411 F.Supp. 88 (1976)

Lillian GOLDBERG, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. New York.

April 2, 1976.


Attorney(s) appearing for the Case

David S. Preminger, Legal Services for the Elderly Poor, New York City, John C. Gray, Jr., Brooklyn, N. Y., Legal Services Corp., Brooklyn, N. Y., for plaintiff.

David G. Trager, U. S. Atty., Brooklyn, N. Y., by Douglas J. Kramer, Asst. U. S. Atty., Brooklyn, N. Y., for defendant.


PLATT, District Judge.

OPINION AND ORDER

PRELIMINARY STATEMENT

Plaintiff sues for Social Security widow's insurance benefits and both parties have moved for summary judgment, the defendant seeking dismissal of plaintiff's complaint, and plaintiff seeking benefits in whole or in part, or, in the alternative, injunctive relief and a declaration that 42 U.S.C. § 402(e)(1)(A) and (B) and § 402(e)(4) are unconstitutional on the grounds that...

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