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WHEELER v. MONTGOMERY

No. 14.

397 U.S. 280 (1970)

WHEELER ET AL. v. MONTGOMERY, DIRECTOR, DEPARTMENT OF SOCIAL WELFARE OF CALIFORNIA, ET AL.

Supreme Court of United States.

Decided March 23, 1970

Attorney(s) appearing for the Case

Peter E. Sitkin argued the cause for appellants. With him on the briefs were Steven J. Antler and Charles Stephen Ralston.

Elizabeth Palmer, Deputy Attorney General of California, argued the cause for appellees. With her on the brief were Thomas C. Lynch, Attorney General, Richard L. Mayers, Deputy Attorney General, Thomas M. O'Connor, and Raymond D. Williamson, Jr.

Solicitor General Griswold, Assistant Attorney General Ruckelshaus, and Robert V. Zener filed a brief for the United States as amicus curiae urging affirmance. Thomas L. Fike filed a brief for the Legal Aid Society of Alameda County as amicus curiae.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

This is a companion case to No. 62, Goldberg v. Kelly, ante, p. 254. It is a class action brought by all recipients of old age benefits who are subject to California welfare termination provisions. A three-judge District Court for the Northern District of California held that the California procedure for pre-termination review in welfare cases satisfies...

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