EDWARDS v. FLOWERS

No. 71-2129.

460 F.2d 1191 (1972)

Juanita EDWARDS and Cordelia Workman, individually and on behalf of all other persons similarly situated, Appellants, v. Edwin FLOWERS, Commissioner, West Virginia Department of Welfare, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1972.


Attorney(s) appearing for the Case

Michael B. Glomb, Legal Aid Society of Charleston, Charleston, W. Va. (Herbert E. Buhl, III, Legal Aid Service Agency, and E. Gail Falk, Legal Aid Society, Charleston, W. Va., on brief), for appellants.

Phillip D. Gaujot, Asst. Atty. Gen. of West Virginia (Chauncey H. Browning, Jr., Atty. Gen. of W. Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.


PER CURIAM:

The individual claims of the named plaintiffs about delay in the processing of their welfare claims having been satisfied in full, the action was dismissed as moot. This was correct since it could not be continued as a class action without a showing of a discernible class with the requisite community of interest.

Affirmed.

CRAVEN, Circuit Judge (dissenting):

In the face of a statute and regulations, 42 U.S.C. § 1352(a) (10...

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