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DAWKINS v. CRAIG

No. 72-2460.

483 F.2d 1191 (1973)

Barbara Jean DAWKINS and Jacqueline Denise Dawkins, a minor by her mother and next friend, Barbara Jean Dawkins, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Clifton M. CRAIG, Individually and as North Carolina Commissioner of Social Services et al., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1973.

Attorney(s) appearing for the Case

Robert S. Weathers, Asst. Atty. Gen., North Carolina (Robert Morgan, Atty. Gen., North Carolina, on brief), for defendants-appellants.

Donald S. Gillespie, Jr., Charlotte, N.C., for plaintiffs-appellees.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WIDENER, Circuit Judge.

WIDENER, Circuit Judge:

The parties to this appeal agree that the sole issue is whether the District Court properly ordered the State of North Carolina to make retroactive payments in the program called Aid to Families with Dependent Children. It is contended by appellant that such order is in contravention of the Eleventh Amendment to the United States Constitution.

Plaintiff Dawkins is a resident of Mecklenburg County, North Carolina and is the mother of...

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