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McGRATH v. WEINBERGER

No. 75-1839.

541 F.2d 249 (1976)

Tom McGRATH, Jr., et al., Plaintiffs-Appellants, v. Caspar W. WEINBERGER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 3, 1976.

Attorney(s) appearing for the Case

James A. Burke, Northern New Mexico Legal Services, Inc., Las Vegas, N. M., for plaintiffs-appellants.

Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., and Randolph W. Gaines and Dorothy R. Fait, Washington, D. C., of counsel, Social Security Div., Dept. of Health, Ed. and Welfare, on the brief), for defendant-appellee.

Before SETH, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Tom McGrath (McGrath) appeals individually and on behalf of all other persons similarly situated from a judgment denying his claim challenging the constitutionality of certain Social Security Administration procedures. McGrath argues that the procedure authorizing the appointment of a representative payee to manage the monetary benefits of a Social Security recipient determined to be incapable of managing them violates the Due Process Clause...

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