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CALIFORNIA WELFARE RIGHTS ORGANIZATION v. BRIAN

Docket No. Sac. 7984.

11 Cal.3d 237 (1974)

520 P.2d 970

113 Cal. Rptr. 154

CALIFORNIA WELFARE RIGHTS ORGANIZATION et al., Petitioners, v. EARL W. BRIAN, as Secretary, etc., et al., Respondents, JACKLYN JO SHELTON, Petitioner, v. THE SUPERIOR COURT OF SHASTA COUNTY, Respondent; MARIAN BABIARZ, as Director, etc., et al., Real Parties in Interest.

Supreme Court of California. In Bank.

April 16, 1974.

Attorney(s) appearing for the Case

COUNSEL

Arthur L. Meader III, Rosalyn M. Chapman, Ralph Santiago Abascal, Jay-Allen Eisen, Edmund S. Schaffer and Eugene S. Swann for Petitioners.

Hanson, Bridgett, Marcus & Jenkins and George R. Moscone as Amici Curiae on behalf of Petitioners.

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill, Raymond M. Momboisse and John Fourt, Deputy Attorneys General, for Respondents and for Real Parties in Interest.

OPINION

BURKE, J.

In these consolidated cases, certain welfare recipients have challenged the validity, under federal and state law, of welfare regulations issued by the state Department of Social Welfare, which regulations affect the assistance grant to pregnant mothers. We have concluded that the regulations at issue are invalid because they purport to consider, contrary to the probable intent of federal and state law, that the...

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