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REYNA v. VOWELL

No. 72-1642.

470 F.2d 494 (1972)

Lydia REYNA and Dolores R. Garcia et al., Plaintiffs-Appellants, v. Raymond W. VOWELL, Commissioner of Public Welfare, State of Texas, Individually and in his official capacity, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 13, 1972.

Attorney(s) appearing for the Case

J. L. Covington, Brownsville, Tex., Richard Greenberg, New York City, for plaintiffs-appellants.

Crawford C. Martin, Atty. Gen. of Texas, Jack Sparks, Asst. Atty. Gen., Carolyn Busch, Austin, Tex., for defendant-appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

AINSWORTH, Circuit Judge:

This is a class action by various parents of needy children who seek to obtain additional Aid to Families with Dependent Children (AFDC) by judgment invalidating an alleged administrative practice of Texas which presumes the availability to the entire family of income earned by a child between the age of 18 and 21 who lives in the family's household.1 Plaintiffs make the challenge on the theory that Texas's practice...

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