McINNIS v. WEINBERGER

No. 75-1119.

530 F.2d 55 (1976)

Dorothy McINNIS et al., Plaintiffs-Appellants, v. Caspar W. WEINBERGER et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided February 5, 1976.


Attorney(s) appearing for the Case

Michael David Rosenberg, with whom Charles R. Capace, Boston, Mass., Valerie Vanaman, Philip Hamilton, K. Diane Cohn, and Leonard Rubenstein, Cambridge, Mass., were on brief, for plaintiffs-appellants.

Danielle E. deBenedictis, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Commissioners of The Department of Public Welfare and The Commission For The Blind of The Commonwealth of Massachusetts, defendants-appellees.

William A. Brown, Asst. U.S. Atty., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for Caspar W. Weinberger, and others, defendants-appellees.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and THOMSEN, Senior District Judge.


COFFIN, Chief Judge.

Plaintiffs, Massachusetts recipients of Supplemental Security Income (SSI),1 attack the statutory interpretation underlying a determination by the Secretary of Health, Education, and Welfare that they are no longer eligible for food stamps. Primarily, they charge that the Secretary has misread the statute; secondarily, they raise due process and equal protection claims under the Fifth Amendment. The district court...

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