No. 78-1064.

462 F.Supp. 656 (1978)

Henryetta Courtney JOHNSON, a minor, by and through her Father and Next Friend, Theodore Courtney, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare of the United States, Defendant.

United States District Court, D. Kansas.

November 14, 1978.

Attorney(s) appearing for the Case

Bion J. Beebe, Legal Aid Society of Wichita, Ins., Wichita, Kan., for plaintiff.

Jon K. Sargent, Asst. U. S. Atty., Wichita, Kan., for defendant.


WESLEY E. BROWN, District Judge.

This is an action in which the plaintiff seeks a judgment that certain provisions of the Social Security Act and accompanying regulations, 42 U.S.C. § 402(d)(8) and 20 C.F.R. § 404.323(a)(4), are unconstitutional and void. The matter is before the Court on cross motions for summary judgment. For reasons stated herein, the Court grants defendant's motion for summary judgment, and denies that...

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