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ARIZONA ST. DEPT. OF PUB. W. v. DEPARTMENT OF HEALTH, E. & W.

Nos. 71-1177, 71-1250.

449 F.2d 456 (1971)

ARIZONA STATE DEPARTMENT OF PUBLIC WELFARE, Petitioner, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Respondent. MARICOPA COUNTY LEGAL AID CLIENTS, Petitioners, v. ARIZONA STATE DEPARTMENT OF PUBLIC WELFARE and Department of Health, Education and Welfare, Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 17, 1971.

Attorney(s) appearing for the Case

No. 71-1177:

Gary K. Nelson, Ariz. Atty. Gen., James B. Feeley, Michael S. Flam, Peter Sownie, Asst. Attys. Gen., Phoenix, Ariz., for petitioner.

Leonard Schaitman (argued), Morton Hollander, Dept. of Justice, L. Patrick Gary, III, Asst. Atty. Gen., Washington, D. C., Stephanie W. Naidoff, Asst. Regional Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for respondent.

Jerry Levine (argued), Tempe, Ariz., Mark B. Raven, (argued), Tucson, Ariz. Michael Serwatka (argued), DNA, Inc., Chinle, Ariz., John D Twiname, Administrator, Dept. of HEW, Washington, D. C., for intervenors.

No. 71-1250:

Jerry Levine, (argued), Tempe, Ariz., Mark B. Raven, Tucson, Ariz., Michael Serwatka, DNA, Inc., Chinle, Ariz., for intervenor-petitioner.

Leonard Schiatman (argued), Morton Hollander, Dept. of Justice, L. Patrick Gary, III, Asst. Atty. Gen., Washingon, D. C., Stephanie W. Naidoff, Ass't Regional Atty., San Francisco, Cal., Gary K. Nelson, Arizona Atty. Gen., Phoenix, Ariz., John D. Twiname, Administrator, Dept. of HEW, Washington, D. C., for respondents.

Before KOELSCH, BROWNING and DUNIWAY, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 17, 1971.

DUNIWAY, Circuit Judge:

Following a hearing, the Secretary of Health, Education and Welfare (the Secretary), acting through the Administrator of Social and Rehabilitation Service (the Administrator), determined that certain public-assistance plans of the State of Arizona failed to conform to requirements imposed by federal law and regulations. The Secretary ordered that federal financial support for...

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