ALEXANDER v. SWANK

No. 68 C 2134.

314 F.Supp. 1082 (1970)

Loverta ALEXANDER, individually and on behalf of her minor son, Jerome Alexander, and all other persons similarly situated, Plaintiffs, and Georgia Townsend, individually and on behalf of her dependent daughter, Omega Minor, Intervening Plaintiffs, v. Harold O. SWANK, Director, Illinois Department of Public Aid, David L. Daniel, Director, Cook County Department of Public Aid, and Mae Withers, Supervisor, Woodlawn District Office, Cook County Department of Public Aid, Defendants.

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

April 30, 1970.


Attorney(s) appearing for the Case

Melvin B. Goldberg, Chicago, Ill., and James Spitzer, Jr., Asst. Gen. Counsel, New York City, for plaintiffs.

Michael F. Lefkow, Thad B. Eubanks, and Arnold D. Breyer, Chicago, Ill., for intervening plaintiffs. Stanley A. Bass, Chicago, Ill., and Carl Rachlin, of Scholarship, Education and Defense Fund for Racial Equality, New York City, of counsel for all plaintiffs.

William J. Scott, Atty. Gen., of Illinois, and Bernard Genis, Asst. Atty. Gen., Chicago, Ill., for defendant Swank.

Edward V. Hanrahan, State's Atty. of Cook County, and Dean H. Bilton, Asst. State's Atty., Chicago, Ill., for defendants Daniel and Withers.

Before SWYGERT, Chief Circuit Judge, PERRY and MAROVITZ, District Judges.


MEMORANDUM OPINION

SWYGERT, Chief Judge.

This is a class action challenging the validity of Art. IV, section 4-1.1 of the Illinois Public Aid Code, Ill.Rev.Stat. ch. 23, § 4-1.1 (1967),1 and Illinois Public Aid Regulation 150 issued pursuant thereto.2 Section 4-1.1 provides that needy children who are deprived of parental support and are between eighteen and twenty-one years of age and in regular...

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