Moss v. Secretary of Health, Education & Welfare

ORDER

Before RONEY, Circuit Judge, and HODGES and REED, District Judges. HODGES, District Judge.

Plaintiffs, William and Lenore Moss, husband and wife, challenge for themselves and members of their class the constitutionality of § 202(c) of the Social Security Act, 1 and seek to restrain its enforcement. Due to the nature of the action a three-judge district court was convened. 28 U.S.C. § 2282. The case was heard upon cross motions for summary judgment and upon the Secretary’s motion for dissolution of the three-judge court. 2

Subsequent to the convening of this three-judge court, the Supreme…