Robert FRANCIS, etc., et al.
v.
Rita C. DAVIDSON, Secretary, Department of Employment and Social Services, et al.,
The Chamber of Commerce of the United States, Intervenor,
Department of Health, Education & Welfare, Amicus Curiae.
United States District Court, D. Maryland.https://leagle.com/images/logo.png
June 25, 1974.
June 25, 1974.
Attorney(s) appearing for the Case
C. Christopher Brown, Baltimore, Md., for plaintiffs.
Francis B. Burch, Atty. Gen., Henry R. Lord, Deputy Atty. Gen., and Joel J. Rabin and Diana G. Motz, Asst. Attys. Gen., Baltimore, Md., for defendants.
Milton A. Smith, Gen. Counsel, and Richard Berman, Labor Relations Counsel, Chamber of Commerce of U. S., Washington, D. C., Gerard C. Smetana, Chicago, Ill., Lawrence M. Cohen and Jeffrey M. Goldman, Chicago, Ill., and James P. Garland, Baltimore, Md., for intervenor U. S. Chamber of Commerce.
George Beall, U. S. Atty., and Thomas G. Banjanin, Asst. U. S. Atty., Baltimore, Md., and Stephanie W. Naidoff, Regional Atty., and James C. Newman, Asst. Regional Atty., Region III, Office of the Gen. Counsel, Dept. of Health, Education and Welfare, Washington, D. C., for amicus curiae Dept. of Health, Education & Welfare.
Before WINTER, Circuit Judge, and KAUFMAN and YOUNG, District Judges.
United States District Court, D. Maryland.
FRANK A. KAUFMAN, District Judge.
After this Court's first opinion in this case1 was summarily affirmed by the Supreme Court of the United States,2 the Secretary of the Department of Health, Education and Welfare (HEW) promulgated, effective July 12, 1973, an amendment to 45 C.F.R. § 233.100(a). Prior to that amendment, that regulation provided in part:
If a State wishes to provide AFDC for children...
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