Ziviak v. United States
District Court, D. Massachusetts
1Opinion of the Court
OPINION
FREEDMAN, District Judge.
This is an action in which the plaintiff seeks to have the Court declare unconstitutional subsection (b) of 38 U.S.C. § 3203, entitled “Hospitalized veterans and estates of incompetent institutionalized veterans,” on the ground that it discriminates against parents of incompetent veterans. It is alleged that the section “prohibits parents of incompetent veterans from obtaining the benefits which would have been paid to them had their child died competent,” thereby violating the Due Process Clause of the Fifth Amendment. It is further alleged that the…
2Cases cited16 opinions
- Shapiro v. ThompsonSupreme Court of the United States · 1969
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- Flemming v. NestorSupreme Court of the United States · 1960
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- Johnson v. RobisonSupreme Court of the United States · 1974
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3Cited by7 opinions
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- Woodward v. TurnageDistrict Court, E.D. Missouri · 1986
- Disabled American Veterans v. United States Department of Veterans AffairsDistrict Court, S.D. New York · 1992
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