Legal Opinion

Finnerty v. Cowen

Court of Appeals for the Second Circuit

Decided December 16, 1974No. 78, Docket 74-1668PublishedCited by 50 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Plaintiff Kathleen M. Finnerty, an elderly widow, receives benefits under both the Social Security and Railroad Retirement Acts. Both acts provide for a reduction of benefits when a recipient has certain types of income in excess of an amount fixed by Congress. After both the Social Security Administration and the Railroad Retirement Board reduced plaintiff’s benefits for this reason, she brought suit in the United States District Court for the Northern District of New York, challenging the constitutionality of the reductions.1 Chief Judge James T. Foley dismissed her…

2Cases cited45 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Hagans v. LavineSupreme Court of the United States · 1974
  4. McKart v. United StatesSupreme Court of the United States · 1969
  5. King v. SmithSupreme Court of the United States · 1968

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3Cited by50 opinions

  1. Richard Stypmann v. The City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977
  2. Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984
  3. Spiegel, Inc. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1976
  4. West v. BerglandCourt of Appeals for the Eighth Circuit · 1979
  5. In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982

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