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LEWIS v. COWEN

Civ. A. No. 73-2876.

443 F.Supp. 544 (1977)

Albert A. LEWIS et al., Plaintiffs, v. James L. COWEN et al., Defendants.

United States District Court, E. D. Pennsylvania.

October 11, 1977.

Attorney(s) appearing for the Case

Raynes, McCarty & Binder, Philadelphia, Pa., for plaintiffs.

David W. Marston, U. S. Atty., Kenneth A. Ritchie, Asst. U. S. Atty., Eastern District of Pennsylvania, Philadelphia, Pa., for defendants.

Before ROSENN, Circuit Judge, and HIGGINBOTHAM and BECHTLE, District Judges.

OPINION AND ORDER

HIGGINBOTHAM, District Judge.

I.

Introduction

Plaintiff, a retired male railroad employee, claims that a former provision of the Railroad Retirement Act, 45 U.S.C. § 228b(a) (hereafter § 228b(a)),1 violates the equal protection component of the Fifth Amendment and is invalid on the ground that it was superseded by Title VII of the Civil Rights Act of 1964. § 228b(a)...

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