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GAITHER v. STERRETT

Civ. No. 72 F 31.

346 F.Supp. 1095 (1972)

Ruthie Lee GAITHER and James R. Gaither, Individually and on behalf of her minor children, et al., Plaintiffs, v. William R. STERRETT, Individually and in his capacity as Administrator of the Indiana State Department of Public Welfare, et al., Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

August 7, 1972.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Fort Wayne, Ind., David P. Matsey, Seymour Moskowitz, Gary, Ind., John P. Forhan, South Bend, Ind., Louis F. Rosenberg, Harold R. Berk, Indianapolis, Ind., for plaintiff.

George M. Curry, Elizabeth H. Hamacher, Deputy Atty. Gen., Indianapolis, Ind., for defendant.

Before PELL, Circuit Judge, and GRANT and ESCHBACH, District Judges.

MEMORANDUM OF DECISION AND PRELIMINARY INJUNCTION

ESCHBACH, District Judge.

Plaintiffs, on behalf of themselves and others similarly situated seek the issuance of a preliminary injunction restraining the enforcement of Indiana Public Law No. 93 (House Enrolled Act 1155) and Indiana Department of Public Welfare Bulletin No. 275 on the grounds that they are in conflict with the equal protection clause of the Fourteenth Amendment to the United States Constitution...

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