IN RE LETOURNEAU

No. 1554, Docket 77-3031.

559 F.2d 892 (1977)

In re Berthe LETOURNEAU, Petitioner.

United States Court of Appeals, Second Circuit.

Decided July 28, 1977.


Attorney(s) appearing for the Case

Kalman Finkel, John E. Kirklin, Janet M. Calvo, The Legal Aid Society, New York City, for petitioner.

Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., New York City (Frederick P. Schaffer, Asst. U. S. Atty., New York City, of counsel), for respondent.

Before OAKES, Circuit Judge, and WYZANSKI and HOLDEN, District Judges.


OAKES, Circuit Judge:

Petitioner seeks a writ of mandamus, pursuant to 28 U.S.C. § 1651, to require the United States District Court for the Southern District of New York, Kevin Thomas Duffy, Judge, to convene a three-judge district court to determine the constitutionality of 26 U.S.C. § 1402(c)(2)(C) and 42 U.S.C. § 411(c)(2)(C). The claim is that these statutes unconstitutionally deny Social Security benefits to aliens lawfully admitted for permanent...

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