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ZIVIAK v. UNITED STATES

Civ. A. No. 74-1062-F.

411 F.Supp. 416 (1976)

Max ZIVIAK, Administrator, v. UNITED STATES of America.

United States District Court, D. Massachusetts.

March 5, 1976.

Attorney(s) appearing for the Case

Louis Kerlinsky, Springfield, Mass., for plaintiff.

Richard D. Glovsky, Asst. U. S. Atty., Boston, Mass., for defendant.

Before McENTEE, Circuit Judge, and SKINNER and FREEDMAN, District Judges.

OPINION

FREEDMAN, District Judge.

This is an action in which the plaintiff seeks to have the Court declare unconstitutional subsection (b) of 38 U.S.C. § 3203, entitled "Hospitalized veterans and estates of incompetent institutionalized veterans," on the ground that it discriminates against parents of incompetent veterans. It is alleged that the section "prohibits parents of incompetent veterans from obtaining the benefits which would have been paid...

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