Kirkhuff v. Cleland

MEMORANDUM OPINION

NORMA HOLLOWAY JOHNSON, District Judge.

On August 30, 1979, plaintiff Evelyn E. Kirkhuff commenced this action for declaratory and injunctive relief. Plaintiff challenges the validity under the Fifth Amendment to the Constitution and 38 U.S.C. §§ 210, 601, and 610 of a Veterans’ Administration regulation barring otherwise eligible women veterans from eligibility for hospital care benefits for “uncomplicated” childbirth. 1 Defendant Max Cleland, then Administrator of Veterans Affairs, moved for dismissal on the grounds that 38 U.S.C. § 211(a) deprives this court of…