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McMAHON v. CALIFANO

No. 133, Docket 78-6086.

605 F.2d 49 (1979)

Ruth McMAHON, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., as Secretary of the United States Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1979.

Attorney(s) appearing for the Case

John E. Kirklin, New York City (Kalman Finkel, New York City, on the brief), for plaintiff-appellant.

J. Christopher Jensen, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., and Herbert G. Johnson, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for defendant-appellee.

Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from an order entered in the Eastern District of New York, Jack B. Weinstein, District Judge, on remand from the Supreme Court for further consideration in light of its decision in Califano v. Jobst, 434 U.S. 47 (1977), the question presented is whether the Secretary of HEW has construed properly § 202(d)(6) of the Social Security Act, 42 U...

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