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YOST v. SCHWEIKER

Civ. No. 81-4048.

545 F.Supp. 591 (1982)

Leslie B. YOST and Bertha Linderholm, Plaintiffs, v. Richard SCHWEIKER, as Secretary of the Department of Health and Human Services, and United States Railroad Retirement Board, an Agency of the United States of America, Defendants.

United States District Court, D. South Dakota, S. D.

May 13, 1982.

Attorney(s) appearing for the Case

Gill Deford, National Senior Citizens Law Center, Los Angeles, Cal., Jane Nord, Western Minnesota Legal Services, Willmar, Minn., Eileen Sweeney and Toby Edelman, National Senior Citizens Law Center, Washington, D. C., Joseph Rimlinger, East River Legal Services, Sioux Falls, S. D., for plaintiffs.

Philip N. Hogen, U. S. Atty., Sioux Falls, S. D., Leland Ware, Thomas S. Martin, Dept. of Justice, Catherine A. Ribnick, Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

JOHN B. JONES, District Judge.

Plaintiff Leslie Yost, a 78-year-old woman, has brought this action on behalf of herself and those individuals who are similarly situated challenging the constitutionality of 42 U.S.C. § 402(l). Plaintiff has moved for a summary judgment. Defendants have moved for a dismissal.

Plaintiff was married to the now-deceased Herbert Yost for 42 years. Herbert Yost was fully insured under both...

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