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LETOURNEAU v. CALIFANO

No. 74 Civ. 5361 (KTD).

453 F.Supp. 636 (1978)

Berthe LETOURNEAU, Plaintiff, v. Joseph A. CALIFANO, as Secretary of the United States Department of Health, Education and Welfare, and Jerome Kurtz, as United States Commissioner of Internal Revenue, Defendants.

United States District Court, S. D. New York.

July 24, 1978.

Attorney(s) appearing for the Case

Kalman Finkel, Attorney-in-Charge, The Legal Aid Society, Civil Division, John E. Kirklin, Director of Litigation, The Legal Aid Society, New York City, for plaintiff; Arthur J. Fried, of counsel.

Robert B. Fiske, Jr., U. S. Atty., for S. D. New York, New York City, for defendants; Frederick P. Schaffer, Asst. U. S. Atty., New York City, of counsel.

Before HAYS, Circuit Judge, and DUFFY and BRODERICK, District Judges.

KEVIN THOMAS DUFFY, District Judge.

OPINION

This three-judge court was convened, pursuant to 28 U.S.C. § 2284,1 at the direction of the United States Court of Appeals for the Second Circuit, to hear a constitutional challenge to two complementary statutes which afford certain benefits to United States citizens while denying the same benefits to permanent resident aliens. The...

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