RO ANE v. MATHEWS

No. C-76-1960-CBR.

476 F.Supp. 1089 (1977)

Susan RO ANE, Barbara Ann Brown, Christine Elgin, Maurice M. Kovash, Edward J. Cassilagio, Stephen Negoesco, Jr., for themselves and on behalf of a class composed of those teachers employed by the San Francisco Unified School District who became members of the State Teachers' Retirement System as of July 1, 1972, who make contributions to Social Security and who have initiated their administrative remedies with respect to their claims that their Social Security coverage ceased as of July 1, 1972 and that their contributions since July 1, 1972 should be refunded, Plaintiffs, v. F. David MATHEWS, in his official capacity as Secretary of Health, Education and Welfare, William E. Simon, in his official capacity as Secretary of the Treasury, Board of Administration of the Public Employees' Retirement System of the State of California, Robert F. Carlson, Malvern W. Aust, Arthur J. Wiedel, Prescott Reed, Bartlett T. Grimes, Carl Verhoye, Roy Bell, and Frank M. Woods, in their official capacities as members of said Board of Administration, Carl J. Blechinger, in his official capacity as Executive Officer of the Public Employees' Retirement System, San Francisco Unified School District, Board of Education of the San Francisco Unified School District, Lee S. Dolson, Samuel Martinez, Lucille Abrahamson, Z. L. Goospy, Eugene S. Hopp, John A. Kidder, and Thomas A. Reed, in their official capacities as members of said Board of Education, Robert F. Alioto, in his official capacity as Superintendent of Schools of the San Francisco Unified School District, Defendants.

United States District Court, N. D. California.

May 16, 1977.


Attorney(s) appearing for the Case

Patmont & Myers, F. Bradford Niebling, San Francisco, Cal., for plaintiffs.

James L. Browning, Jr., U. S. Atty., John M. Youngquist, Asst. U. S. Atty., San Francisco, Cal., for defendant David F. Mathews.

Thomas M. O'Connor, City Atty., Donald J. Garibaldi, Deputy City Atty., San Francisco, Cal., for defendant City and County of San Francisco.

Evelle J. Younger, Atty. Gen. of the State of Cal., Gordon Zane, Deputy Atty. Gen., San Francisco, Cal., for defendants of State of Cal.


MEMORANDUM OF OPINION

RENFREW, District Judge.

Plaintiffs, teachers employed by the San Francisco Unified School District, brought this action pursuant to Section 205(g) of the Social Security Act ("Act"), as amended (42 U.S.C. § 405(g)), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare ("Secretary"), denying their respective claims for revision of their earnings records.1 They...

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