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CIMAGLIA v. SCHWEIKER

No. 78-6353-CIV-JCP.

555 F.Supp. 710 (1983)

Judy A. CIMAGLIA, et al., Plaintiffs, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, S.D. Florida.

January 12, 1983.

Attorney(s) appearing for the Case

Alexander J. Rering, Legal Aid Service of Broward County, Inc., Lighthouse Point, Fla., for plaintiffs.

Stanley Ericsson, Baltimore, Md., for defendant.

ORDER

PAINE, District Judge.

The issue presented in this case is whether portions of Section 202(d)(5) of Title II of the Social Security Act, 42 U.S.C. § 402(d)(5), and the regulation promulgated thereunder, 20 CFR § 404.352(b)(2),2 are unconstitutional. The challenged portions of the statute and regulation provide that when a woman who is entitled to Child's Disability Insurance Benefits is married to a man who is...

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