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RIVERA v. PATINO

No. C-80-3469 RFP.

543 F.Supp. 1160 (1982)

Michael RIVERA, on behalf of himself and all others similarly situated, Plaintiffs, v. Douglas X. PATINO, individually and in his capacity as Director of California Employment Department; Raymond Donovan, individually and in his capacity as Secretary, United States Department of Labor, Defendants.

United States District Court, N. D. California.

May 6, 1982.

Attorney(s) appearing for the Case

Robert Taren and James Rumble, Senior Citizens Legal Services, Santa Cruz, Cal., for plaintiffs.

Peter W. Waldmeir, Dept. of Justice, Washington, D. C., G. Christopher Stoll, Asst. U. S. Atty., Charlton G. Holland, III and Asher Rubin, Deputy Attys. Gen., San Francisco, Cal., for defendants.

Stephen P. Berzon, Altshuler & Berzon, San Francisco, Cal., John A. Fillion and Jordan Rossen, Detroit, Mich., for UAW amicus curiae.

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

A. PROCEDURAL POSTURE OF THE CASE

Plaintiffs filed suit to invalidate federal and state statutes which are, in effect, identical. These statutes, 26 U.S.C. § 3304(a)(15) and Cal.Unemp.Ins.Code § 1255.3, mandate reductions in unemployment insurance benefits corresponding to the receipt by the worker of pension payments and/or social security retirement benefits. Plaintiffs also sought to invalidate...

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