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FINNEGAN v. MATTHEWS

No. 79-4158.

641 F.2d 1340 (1981)

Terry R. FINNEGAN, Sr., Plaintiff-Appellant, v. David MATTHEWS, Secretary of Health, Education and Welfare of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1981.

Rehearing Denied June 25, 1981.

Attorney(s) appearing for the Case

Thomas Bothwell, Clarkston, Wash., for plaintiff-appellant.

Carroll D. Gray, Spokane, Wash., for defendant-appellee.

Before GOLDBERG, FERGUSON and BOOCHEVER, Circuit Judges.

GOLDBERG, Circuit Judge:

This case presents the novel problem of interpreting a grandfather clause authored by Congress as part of its 1972 rewriting of sections of the Social Security Act ("Act"). Defendant, the Secretary of Health, Education and Welfare (hereinafter "Secretary" or "HEW"), seeks to rely on its own regulations, written after the passage of the Act, to read the prose of congressional Magi as those of legislative Indian givers, and to interpret a wise...

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