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METCALF v. SWANK

No. 68 C 1226.

305 F.Supp. 785 (1969)

Ella METCALF, individually and on behalf of her minor children, Michael Metcalf, Sanders Metcalf, Valerie Metcalf, and Toni Metcalf, all of Chicago, Illinois; Amelia Dukes, of 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, all of Chicago, Illinois; all individually and on behalf of all others similarly situated, Plaintiffs, v. Harold O. SWANK, Director, Illinois Department of Public Aid, State of Illinois Building, 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.

October 29, 1969.

Attorney(s) appearing for the Case

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

William G. Clark, Atty. Gen., State of Illinois, Chicago, Ill., for Harold O. Swank.

Edward V. Hanrahan, State's Atty., Chicago, Ill., for William H. Robinson.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS

ROBSON, District Judge.

The defendants move this court to dismiss the amended complaint in this class action challenging the constitutionality of the Illinois Public Aid Code. The challenged provisions limit the maximum shelter allowance available to public aid recipients to $90 per month,1 but also provide for exceptions to the limitation. Ill.Rev.Stat.1967, ch. 23 §...

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