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ROCHESTER v. BAGANZ

No. 72-1544.

479 F.2d 603 (1973)

Aldine ROCHESTER, Individually and on behalf of her minor child; Rose Gibson, Individually and on behalf of her seven minor children; Individually and on behalf of all others similarly situated, Appellants, v. Herbert M. BAGANZ, Secretary of Health and Social Services, Individually and in his official capacity; and Jack B. White, Director of Social Services, Individually and in his official capacity, Defendants, Third-Party Plaintiffs, v. Elliott L. RICHARDSON, United States Secretary of Health, Education and Welfare and John D. Twiname, Administrator, Social and Rehabilitation Service, United States Department of Health, Education and Welfare, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided May 29, 1973.

Attorney(s) appearing for the Case

John S. Grady, Community Legal Aid Society, Inc., Wilmington, Del., for appellants.

Kent Walker, State Solicitor, Wilmington, Del., for Herbert M. Baganz and Jack B. White.

E. Grey Lewis, Acting Asst. Atty. Gen., F. L. Peter Stone, U. S. Atty., Morton Hollander, Leonard Schaitman, Michael Kimmel, Attys., Dept. of Justice, Washington, D. C., Thomas Scarlet, Cade Morrow, Attys., U. S. Dept. of Health, Education and Welfare, Attys. for Elliott L. Richardson and John D. Twiname.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

By 31 Del.C. §§ 321-31 the State of Delaware has adopted the Aid to Families with Dependent Children (AFDC) public assistance program authorized by Title IV of the Social Security Act of 1935, 42 U.S.C. §§ 601-44, as amended. The defendants Baganz, Secretary of the Delaware Department of Health and Social Services, and Jack B. White, Director of the Division of Social Services in Delaware,...

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