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GREEN v. DEPARTMENT OF PUBLIC WELFARE OF STATE OF DEL.

Civ. A. No. 3349.

270 F.Supp. 173 (1967)

Walter GREEN and Lucy Green, individually and on behalf of their minor children Maggie May Green, Queen Esther Green, Bobbie Green, Roddy Green, Larry Green, Danny Green, Brenda Green and Sandra Green, all of Wilmington, Delaware, individually and on behalf of all others similarly situated, Plaintiffs, v. The DEPARTMENT OF PUBLIC WELFARE OF the STATE OF DELAWARE, Ronald E. Miller, Acting Director, Department of Public Welfare, State of Delaware, Charles W. Sigler, Chief of Program Operations, Department of Public Welfare, State of Delaware, Houston Wilson, Chairman of the Board, Department of Public Welfare, State of Delaware, and Elizabeth Wilson, New Castle County Administrator, Department of Public Welfare, State of Delaware, Defendants, Patricia Smith, individually, and on behalf of her two minor, children, Jeffrey and Cheryl Smith, Intervening Plaintiff.

United States District Court D. Delaware.

June 28, 1967.

Attorney(s) appearing for the Case

Harry A. Pogach, Director and Chief Attorney of Community Law Service of Wilmington and Charles L. Hellman, Washington, D. C., for plaintiffs and intervening plaintiff.

Ruth M. Ferrell, Deputy Atty. Gen., for defendants.

Before SEITZ, Circuit Judge, WRIGHT, Chief District Judge and LAYTON, District Judge.

SEITZ, Circuit Judge:

This is a class action for a declaratory judgment filed April 27, 1967 by plaintiffs, husband and wife, against the Delaware Department of Public Welfare and certain of its administrative personnel ("defendants"). Plaintiffs seek a declaration that the residency provisions of 31 Del.C. § 5041 as amended and all regulations pertinent thereto are contrary to the Constitution of the United States and, further, ask...

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