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DILLINGER v. SCHWEIKER

No. 84-3487.

762 F.2d 506 (1985)

Charles F. DILLINGER, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

Saundra J. Robinson, Akron, Ohio, for plaintiff-appellant.

Mimi H. Leahy, Asst. Regional Atty., Department of HHS, Chicago, Ill. (argued), Kathleen Ann Sutula, Randolph Baxter, Asst. U.S. Atty., Cleveland, Ohio, for defendant-appellee.

Before MERRITT and MILBURN, Circuit Judges, and GUY, District Judge.

MERRITT, Circuit Judge.

The issue here, an age discrimination issue presented for the first time to an appellate court, is whether the social security formula for determining old age benefits enacted in 1977 violates equal protection. In 1977, Congress amended the Social Security Act by changing the formula for computing retirement benefits. Social Security Amendments of 1977, Pub.L. No. 95-216, §§ 201-03, 91 Stat. 1509, 1514-1527

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