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KOHR v. CALIFANO

No. 73-1698.

434 F.Supp. 552 (1977)

Paul KOHR, on behalf of himself and all others similarly situated, Plaintiffs, v. Joseph A. CALIFANO, Jr., Individually and as Secretary of the Department of Health, Education and Welfare, et al., Defendants.

United States District Court, E. D. Pennsylvania.

July 12, 1977.

Attorney(s) appearing for the Case

David A. Scholl, Philadelphia, Pa., for plaintiffs.

David W. Marston, U.S. Atty., Philadelphia, Pa., Walter S. Batty, Jr., Philadelphia, Pa., Chief Appeals Division, for defendants.

FOGEL, District Judge.

This case was initially decided on cross motions for summary judgment on July 26, 1974. 378 F.Supp. 1299 (E.D.Pa.1974). At that time this Court, sitting as a three judge Court, constituted pursuant to 28 U.S.C. §§ 2282, 2284, with Judge Van Dusen, of the Court of Appeals for the Third Circuit, and Judge Higginbotham of this Court, granted summary judgment in favor of defendants, rejecting plaintiffs...

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