Legal Opinion

Dickenson v. Petit

District Court, D. Maine

Decided August 16, 1983No. Civ. A. 82-0041-BPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

CYR, Chief Judge.

The issue on these cross-motions for summary judgment 1 is whether “income,” as used in subsection 402(a)(7) of the Social Security Act, 42 U.S.C. § 602(a)(7), means income net of tax withholdings or gross income. Courts across the country are in sharp disagreement on the issue. 2

The relevant facts are set forth in an earlier decision denying plaintiffs’ motion for preliminary injunctive relief, see Dickenson v. Petit, 536 F.Supp. 1100, 1102-08 (D.Me.1982). For the reasons stated there, id. at 1109-15, and elaborated…

2Cases cited16 opinions

  1. Piper v. Chris-Craft Industries, Inc.Supreme Court of the United States · 1977
  2. Elsie Simer v. Richard J. Rios, Acting Director of Community Services Administration Community Services AdministrationCourt of Appeals for the Seventh Circuit · 1981
  3. Shea v. VialpandoSupreme Court of the United States · 1974
  4. Federal Energy Administration v. Algonquin SNG, Inc.Supreme Court of the United States · 1976
  5. Turner v. ProdCourt of Appeals for the Ninth Circuit · 1983

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3Cited by1 opinion

  1. Falin v. SullivanDistrict Court, E.D. Virginia · 1991

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