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McDONALD v. DEPARTMENT OF PUBLIC WELFARE OF STATE OF FLA.

No. 28524 Summary Calendar.

430 F.2d 1268 (1970)

Doris Jean McDONALD, Plaintiff-Appellee, v. The DEPARTMENT OF PUBLIC WELFARE OF the STATE OF FLORIDA et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 15, 1970.

Attorney(s) appearing for the Case

Michael Schwartz, Asst. Atty. Gen., Tallahassee, Fla., S. Strome Maxwell, Dept. Atty., Dept. of Public Welfare, Jacksonville, Fla., Earl Faircloth, Atty. Gen., for defendants-appellants.

Warren H. Cobb, Daytona Beach, Fla., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

The Department of Public Welfare of the State of Florida appeals from a summary judgment in favor of Doris Jean McDonald, appellee. The district court found that the appellee had been unconstitutionally denied "Aid to the Blind" welfare assistance pursuant to Florida's durational residency requirement, and ordered appellant to pay $825.00 representing the moneys illegally withheld. Appellant concedes the unconstitutionality of the requirement but insists...

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