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SERRITELLA v. ENGELMAN

No. 72-1349. Nos. 72-1214, 72-1215 and 72-1349.

462 F.2d 601 (1972)

Sam SERRITELLA et al., Earl Evans and Clara Evans, Intervenors in D. C. v. Irving J. ENGELMAN, Appellant in No. 72-1214 individually and as Director of the Division of Public Welfare of the Department of Institutions and Agencies and Stella Cassi, Director of the Bergen County Welfare Board. Virginia SIMMONS and Colonel Simmons, her husband, individually and on behalf of their minor children, and on behalf of all other persons similarly situated v. Irving J. ENGELMAN, Appellant in No. 72-1215 individually and as Director of the Division of Public Welfare of the Department of Institutions and Agencies of the State of New Jersey, and Philip K. Lazaro, Director of the Essex County Welfare Board. Appeal of Philip K. LAZARO,

United States Court of Appeals, Third Circuit.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Daly D. E. Temchine, Deputy Atty. Gen., Div. of Law, Trenton, N. J. and William H. Sheil, Essex County Welfare Board, Newark, N. J., for appellant.

Richard S. Semel, Bergen County Legal Service, Garfield, N. J., for appellee.

Before ADAMS, GIBBONS, and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiffs in these cases are challenging New Jersey Welfare regulations,1 which provide that pre-termination fair hearings be held at the county level, as being inconsistent with HEW regulations2 requiring such hearings at the state level.3

Under the New Jersey system, a welfare recipient's benefits may be terminated following...

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