HOWARD v. MADIGAN

No. Civ. 73-5025.

363 F.Supp. 351 (1973)

Re Myrtle HOWARD, etc., et al. v. John E. MADIGAN, etc., et al.

United States District Court, D. South Dakota.

July 13, 1973.


Attorney(s) appearing for the Case

Stephen L. Pevar, Mark V. Meierhenry, South Dakota Legal Services, Rosebud, S. D., Gary R. Thomas, South Dakota Legal Services, Ft. Thompson, S. D., for plaintiffs.

Richard Wendt, Assistant Chief, Legal Services State Dept. of Public Welfare, Pierre, S. D., for defendants.


MEMORANDUM DECISION

BOGUE, District Judge.

Plaintiffs brought this action personally and on behalf of all persons similarly situated, seeking to have this Court declare that the South Dakota Department of Public Welfare, in determining eligibility of applicants for Aid to Dependent Children, may not presume that one child's Social Security and Veterans' Administration benefits are available as income to other members of the child's household. In particular...

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