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SERRITELLA v. ENGELMAN

Civ. A. Nos. 1256-71, 34-72.

339 F.Supp. 738 (1972)

Sam SERRITELLA et al., Plaintiffs, and Earl Evans and Clara Evans, and all others similarly situated, Plaintiffs in intervention, v. Irving J. ENGELMAN, 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, Defendants. Virginia SIMMONS and Colonel Simmons, her husband, individually and on behalf of their minor children and on behalf of all others similarly situated, Plaintiffs, v. Irving ENGELMAN, 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, Defendants.

United States District Court, D. New Jersey.

February 24, 1972.

Attorney(s) appearing for the Case

Richard S. Semel, Garfield, N. J., Murray J. Klein, Camden, N. J., Eric S. Summerville, Newark, N. J. (Richard I. Greenberg, Steven Cole, New York City, Center on Social Welfare Policy and Law, of counsel), for plaintiffs.

George F. Kugler, Atty. Gen. of N. J., by Daly D. E. Temchine, Deputy Atty. Gen., Trenton, N. J., Pierce H. Deamer, Jr., Bergenfield, N. J., for defendants.

Herbert J. Stern, U. S. Atty. by Stephen King, Asst. U. S. Atty., Newark, N. J., for HEW, amicus curiae.

OPINION AND ORDER

LACEY, District Judge:

Plaintiffs, recipients of welfare benefits, have filed these actions under the Civil Rights Act of 1871, 42 U.S.C. § 1983, seeking a declaratory judgment and injunctive relief,1 as well as damages. In addition, they assert a cause of action under Titles IV and XVI of the Social Security Act. 42 U.S.C. §§ 601 et seq. and 1381 et seq. The defendants are Irving Engelman, Director...

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