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GRAY PANTHERS v. CALIFANO

Civ. A. No. 77-488.

466 F.Supp. 1317 (1979)

The GRAY PANTHERS et al., Plaintiffs, v. Joseph CALIFANO, Jr., Secretary, Department of Health, Education and Welfare, Defendant.

United States District Court, District of Columbia.

March 6, 1979.

Attorney(s) appearing for the Case

Edward C. King and Toby S. Edelman, National Senior Citizens Law Center, Washington, D. C., Sally Hart Wilson (argued case before the court), Gill Deford, Neal S. Dudovitz, Karen Jones, National Senior Citizens Law Center, Los Angeles, Cal., for plaintiffs.

Eugene Tillman, Dept. of Health, Ed. and Welfare, Washington, D. C., for defendant; A. Patricia Frohman, Asst. U. S. Atty., Civil Division, Washington, D. C., of counsel.

MEMORANDUM OPINION

FLANNERY, District Judge.

This matter comes before the court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiffs present a two-pronged challenge to the constitutionality of Sections 1869(b)(2) and 1842(b)(3)(C) of the Social Security Act, codified at 42 U.S.C. §§ 1395ff(b)(2) and 1395u(b)(3)(C), which limit the right to an oral, evidentiary hearing on appeal under...

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