YOST v. SCHWEIKER

No. 82-1684.

699 F.2d 438 (1983)

Leslie B. YOST, on behalf of herself and all others similarly situated, Appellant, v. Richard S. 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, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1983.


Attorney(s) appearing for the Case

Joseph Rimlinger, East River Legal Services, Sioux Falls, S.D., Gill Deford, Neal S. Dudovitz, Nat. Senior Citizens Law Center, Los Angeles, Cal., Eileen P. Sweeney, Toby S. Edelman, Nat. Senior Citizens Law Center, Washington, D.C., for appellant.

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., Theodore B. Olson, Asst. Atty. Gen., Thomas O. Sargentich, Robert B. Shanks, U.S. Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY and ROSS, Circuit Judges, and HENLEY, Senior Circuit Judge.


HEANEY, Circuit Judge.

The sole issue presented in this appeal is whether section 202(l) of the Social Security Act, which limits the benefits that survivors of individuals who are fully insured under both the Social Security Act and the Railroad Retirement Act may receive, violates the equal protection component of the due process clause of the fifth amendment. The district court1 applied...

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