STATE OF ARIZONA v. HOBBY

No. 11839.

221 F.2d 498 (1954)

STATE OF ARIZONA ex rel. ARIZONA STATE BOARD OF PUBLIC WELFARE v. HOBBY, Secretary of Health, Education and Welfare.

United States Court of Appeals District of Columbia Circuit.

Decided May 13, 1954.


Attorney(s) appearing for the Case

Mr. Martin W. Meyer, Washington, D. C., submitted on the brief for appellant.

Messrs. Leo A. Rover, U. S. Atty., Washington, D. C., Joseph M. Meyers, of the Department of Health, Education and Welfare, and William J. Peck, Asst. U. S. Atty., Washington, D. C., at time brief was filed, submitted on the brief for appellee. Messrs. Oliver Gasch, Principal Asst. U. S. Atty., and Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., entered appearances for appellee.

Messrs. Felix S. Cohen and Arthur Lazarus, Jr., Washington, D. C., filed a brief on behalf of Association on American Indian Affairs, Inc., Hualapai Tribe of Arizona, and San Carlos Apache Tribe of Arizona, as amicus curiae, urging affirmance.

Before WILBUR K. MILLER, BAZELON and DANAHER, Circuit Judges.


BAZELON, Circuit Judge.

Title XIV of the Federal Social Security Act requires "payments to States which have submitted, and had approved by the Administrator,1 State plans for aid to the permanently and totally disabled."2 Arizona, pursuant to an enactment of its legislature, submitted a plan which provided, inter alia, "that no assistance shall be payable under such plan to any person of Indian blood...

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