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LOWTHER v. MONTGOMERY CTY., MD.

Nos. 76-1229 and 76-1230.

561 F.2d 1120 (1977)

Dt. Sgt. Thomas D. LOWTHER, Dt. Sgt. Thomas D. Lowther, President, Police Association of Montgomery County, Maryland, Inc., a Maryland Corporation, Appellant, v. MONTGOMERY COUNTY, MARYLAND, a Municipal Corporation, State of Maryland, Employees Retirement System Division of Social Security, Mildred Potash, Administrator, James Caldwell, Commissioner of Social Security and F. David Mathews, Secretary of the Department of Health, Education and Welfare, Appellees. MONTGOMERY COUNTY, MARYLAND, a Municipal Corporation, Appellant, v. Robert M. BALL, Commissioner of Social Security and the Department of Health, Education and Welfare, and State of Maryland, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1977.

Attorney(s) appearing for the Case

Peter I. J. Davis, Rockville, Md., for appellant Dt. Sgt. Thomas D. Lowther.

Richard S. McKernon, County Atty. for Montgomery County, Alfred H. Carter, Deputy County Atty. for Montgomery County, Martin J. Hutt, Asst. County Atty. for Montgomery County, Rockville, Md., on brief, for appellant Montgomery County, Maryland.

James F. Truitt, Jr., Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen., Baltimore, Md., on brief), Henry Eigles, Atty., Dept. of Health, Education and Welfare, Baltimore, Md. (Jervis S. Finney, U. S. Atty. and Donald H. Feige, Asst. U. S. Atty., Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BUTZNER and WIDENER, Circuit Judges.

HAYNSWORTH, Chief Judge:

The policemen of Montgomery County, Maryland sought to terminate their social security coverage, and brought this action to obtain (1) a determination that they constitute a separate "coverage group" for the purpose of such termination and (2) an injunction to require the Social Security Administration to terminate their coverage retroactively. Since no plaintiff is an individual who has presented a claim challenging his coverage to the Secretary...

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