ZIPKIN v. HECKLER

No. 630, Docket 85-6286.

790 F.2d 16 (1986)

Sidney S. ZIPKIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 25, 1986.


Attorney(s) appearing for the Case

David Rothenberg, Rochester, N.Y. (Geiger & Rothenberg, Rochester, N.Y., of counsel), for plaintiff-appellant.

Joseph V. Willey, New York City (Ronald Robertson, General Counsel, Dept. of Health and Human Services, Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Rochester, N.Y., of counsel), for defendant-appellee.

Before MANSFIELD, MESKILL and PIERCE, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Michael Telesca, Judge, granting summary judgment to Margaret M. Heckler, as Secretary of the United States Department of Health and Human Services, in an action challenging the constitutionality of section 202(x) of the Social Security Act, 42 U.S.C. § 402(x), as applied by the Secretary in suspending appellant's retirement benefit insurance...

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