Legal Opinion
Gainville v. Richardson
District Court, D. Massachusetts
Decided October 29, 1970No. Civ. A. 70-204PublishedCited by 21 opinions
1Opinion of the Court
OPINION
WYZANSKI, Chief District Judge.
This case is before the court on defendant’s motion to dismiss the complaint on grounds of lack of jurisdiction and failure to state a cause of action.
This is a class action brought by seven plaintiffs claiming that, as applied to them and others in their class, § 203(f) (3) of the Social Security Act, 42 U.S.C. § 403(f) (3) — a provision for deducting earned income from old age benefits otherwise payable — denies each plaintiff the due process of law guaranteed by the Fifth Amendment.
The Social Security Act, so far as here material, provides for payments…
2Cases cited8 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Flemming v. NestorSupreme Court of the United States · 1960
- Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
- Helvering v. DavisSupreme Court of the United States · 1937
- Metropolis Theatre Co. v. City of ChicagoSupreme Court of the United States · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Finnerty v. CowenCourt of Appeals for the Second Circuit · 1974
- Wiesenfeld v. Secretary of Health, Education & WelfareDistrict Court, D. New Jersey · 1973
- Frost v. WeinbergerDistrict Court, E.D. New York · 1974
- Kohr v. WeinbergerDistrict Court, E.D. Pennsylvania · 1974
- Salfi v. WeinbergerDistrict Court, N.D. California · 1974
16 more not listed; retrieve them via the Exa API.