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KIRKHUFF v. CLELAND

Civ. A. No. 79-2310.

516 F.Supp. 351 (1981)

Evelyn E. KIRKHUFF, Plaintiff, v. Max CLELAND, Administrator of Veterans Affairs, Defendant.

United States District Court, District of Columbia.

May 8, 1981.

Attorney(s) appearing for the Case

Robert Morgan, Covington & Burling, Washington, D. C., Jim Lawing, Wichita, Kan., Isabelle Katz Pinzler, American Civil Liberties Union Foundation, New York City, for plaintiff.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., for defendant.

MEMORANDUM OPINION

NORMA HOLLOWAY JOHNSON, District Judge.

On August 30, 1979, plaintiff Evelyn E. Kirkhuff commenced this action for declaratory and injunctive relief. Plaintiff challenges the validity under the Fifth Amendment to the Constitution and 38 U.S.C. §§ 210, 601, and 610 of a Veterans' Administration regulation barring otherwise eligible women veterans from eligibility for hospital care benefits for "uncomplicated" childbirth.

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