GREEN v. BARNES

No. 73-1240.

485 F.2d 242 (1973)

Mary Lee GREEN and Tempsie Fisher, Individually and for all others similarly situated, Complainants, Appellees, v. Reginald D. BARNES, Chairman Oklahoma Public Welfare Commission, et al., Respondents, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 5, 1973.


Attorney(s) appearing for the Case

Stan L. Foster, Legal Aid Society of Oklahoma City, (Mrs. Arthur Lory Rakestraw and Diane Harn, Legal Aid Society of Oklahoma City, Okl., on the brief), for complainants, appellees.

Raymond J. Totoro, and James H. Gray, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., and Lee Vernon, Oklahoma City, Okl., on the brief), for respondents, appellants.

Before PICKETT, BREITENSTEIN and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Mary Lee Green and Tempsie Fisher brought this suit challenging an Oklahoma welfare regulation making them ineligible for public assistance under the State of Oklahoma's program of Aid for Dependent Children. The trial court enjoined the Oklahoma Public Welfare Commission from enforcing its regulation because it conflicts with the Federal Social Security Act and violates the Supremacy Clause, the Equal Protection and Due Process Clauses of...

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