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METCALF v. SWANK

No. 68 C 1226.

293 F.Supp. 268 (1968)

Ella METCALF, individually and on behalf of her minor children, Michael Metcalf, Sanders Metcalf, Valerie Metcalf, and Toni Metcalf, Chicago, Illinois; Amelia Dukes, Chicago, Illinois; and Annie Mae Jones, individually and on behalf of her minor children, Christine Jones, Lucy Mae Jones, Dorothy Ann Jones, Lawrence Jones, Linda Jones, and James Jones, Chicago, Illinois; all individually and on behalf of all others similarly situated, Plaintiffs, v. Harold O. SWANK, Director, Illinois Department of Public Aid, Chicago, Illinois; and William H. Robinson, Director, Cook County Department of Public Aid, Chicago, Illinois, Defendants.

United States District Court N. D. Illinois, E. D.

November 12, 1968.

Attorney(s) appearing for the Case

Robert W. Bennett, Chicago, Ill., for plaintiffs.

William G. Clark, Atty. Gen., State of Illinois, Chicago, Ill., for defendant Harold O. Swank, Thomas E. Brannigan, Asst. Atty. Gen., State of Illinois, Chicago, Ill., of counsel.

John J. Stamos, State's Atty., Chicago, Ill., for defendant William H. Robinson.

Before SWYGERT, Circuit Judge, and ROBSON and PARSONS, District Judges.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS

ROBSON, District Judge:

The defendants have moved to dismiss. For the reasons set forth below, this court is of the opinion that the motions should be granted, and the case remanded to a single-judge court.

This is a class action by people on public assistance from the State of Illinois who have large families, and who live in inadequate housing that costs more than $90 per month. These plaintiffs...

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