Legal Opinion
Terry R. Finnegan, Sr. v. David Matthews, Secretary of Health, Education and Welfare of the United States
Court of Appeals for the Ninth Circuit
Decided April 16, 1981No. 79-4158PublishedCited by 67 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This case presents the novel problem of interpreting a grandfather clause authored by Congress as part of its 1972 rewriting of sections of the Social Security Act (“Act”). Defendant, the Secretary of Health, Education and Welfare (hereinafter “Secretary” or “HEW”), seeks to rely on its own regulations, written after the passage of the Act, to read the prose of congressional Magi as those of legislative Indian givers, and to interpret a wise, fair grandfather clause as a grizzly, old miser. Because we find this Scrooge-like transmogrification of the clause to be…
2Cases cited11 opinions
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- Joanne D. Ryan v. Con. F. Shea, Executive Director of the Colorado Department of Social ServicesCourt of Appeals for the Tenth Circuit · 1975
- W. J. Usery, Jr., Secretary of Labor, United States Department of Labor v. First National Bank of Arizona, a National Banking AssociationCourt of Appeals for the First Circuit · 1978
- De Lao v. CalifanoCourt of Appeals for the Ninth Circuit · 1977
- Minnie L. Tatum, and Cross-Appellants v. F. David Mathews, Secretary of Health, Education and Welfare, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Thomas P. MURRAY, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Joe N. BYRON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1984
- Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
- Ricardo De Leon v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES v. LOPEZ Et Al.Supreme Court of the United States · 1983
62 more not listed; retrieve them via the Exa API.