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MERTZ v. HARRIS

Civ. A. No. B-78-164.

497 F.Supp. 1134 (1980)

Wilbur H. MERTZ, Individually and on behalf of all other persons similarly situated v. Patricia Roberts HARRIS, Secretary of Health and Human Services.

United States District Court, S. D. Texas, Brownsville Division.

September 10, 1980.

Attorney(s) appearing for the Case

J. L. Covington, Brownsville, Tex., for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Civil Division, U. S. Dept. of Justice, Washington, D. C., J. A. "Tony" Canales, U. S. Atty., S. D. Texas, Vidal G. Martinez, Asst. U. S. Attys., Houston, Tex., Brian G. Kennedy, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Plaintiff brings this action individually and on behalf of all other persons similarly situated and seeks to have this Court declare Section 202(f)(1) of the Social Security Act, 42 U.S.C. § 402(f)(1) unconstitutional. Mr. Mertz has been denied survivor's benefits under section 402(f)(1) solely on the basis of his sex: he is a widower and not a widow. In denying the Plaintiff benefits which would flow automatically...

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