ANDERSON v. BURSON

Civ. A. Nos. 10443, 10882 and 10991.

300 F.Supp. 401 (1968)

Mary Bell ANDERSON, Johnny Mae Williams, Earvie Miller, Margaret Butler, Ossie Thomas and Lorraine S. Washington, on behalf of themselves and all other mothers of needy dependent children similarly situated v. William H. BURSON, Director of Georgia Department of Family and Children Services et al. Susie BROWN, individually and on behalf of her minor children and grandchild v. William H. BURSON, Director, Georgia Department of Family and Children Services; Mrs. Mary Louise Maxwell, Director, Grady County Department of Family and Children Services; B. M. Lee, Mrs. Leonard Wells, Mrs. E. C. White, Mrs. Grady Harrison, Alto Sellers, members of Grady County Board of Family and Children Services; Individually and in their official capacities John Gardner, Sec. of Dept. of Health, Education & Welfare, Individually & in official capacity. Mary Bell ANDERSON, Johnny Mae Williams, Earvie Miller, Margaret Butler, Ossie Thomas and Lorraine S. Washington, on behalf of themselves and all other mothers of needy dependent children similarly situated, and Susie Brown, individually and on behalf of her minor children and grandchild v. Hon. John GARDNER, Secretary of the United States Department of Health, Education and Welfare; Wave Perry, Regional Representative of the United States Department of Health, Education and Welfare.

United States District Court N. D. Georgia, Atlanta Division.

April 5, 1968.


Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., C. B. King, Albany, Ga., Jack Greenberg, Charles Stephen Ralston, Charles H. Jones, Jr., and Michael Davidson, James T. Graham, Martin Garbus and Edward V. Sparer, Stephen Wizner, New York City, for plaintiffs Mary Bell Anderson, Susie Brown, and others.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Alfred L. Evans, Jr., Asst. Attys. Gen., Atlanta, Ga., for Mrs. Bruce Schaefer.

Perry, Walters, Langstaff & Lippitt, Albany, Ga., for Mrs. Dorothy Foreman, James Hall, John O. Pierson, Curtis Wilkerson, Randolph Champion, Jr. and Robert McCormick, Jr.

Carlisle & Chason, Cairo, Ga., for Mary Louise Maxwell, B. M. Lee, Mrs. Leonard Wells, Alto Sellers, Mrs. E. C. White, Mrs. Grady Harrison.

Charles L. Goodson, U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., for John Gardner, Sec. of Dept. of Health, Education & Welfare.

Before BELL, Circuit Judge and MORGAN and SMITH, District Judges.


OPINION AND ORDER

PER CURIAM:

These cases involve the employable mother regulation promulgated under the Georgia plan for Aid to Families with Dependent Children. Plaintiffs sought a judgment declaring certain portions of the regulation facially unconstitutional and as applied to them and other members of their class. They also sought injunctive relief with respect thereto. In Civil Action No. 10,991, ancillary relief was sought against Secretary Gardner...

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