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ALVARADO v. SCHMIDT

Civ. A. No. 69-C-210.

369 F.Supp. 447 (1974)

Tibursio and Maria ALVARADO et al., Plaintiffs, v. Wilbur J. SCHMIDT, Individually and as Secretary of the Wisconsin Department of Health and Social Services, et al., Defendants.

United States District Court, W. D. Wisconsin.

January 29, 1974.

Attorney(s) appearing for the Case

Richard M. Klein and Steven H. Steinglass, Freedom Through Equality, Inc., and James A. Walrath, Milwaukee, Wis., for plaintiffs.

Robert W. Warren, Atty. Gen., and Donald P. Johns, Asst. Atty. Gen., Madison, Wis., for defendants, Wilbur J. Schmidt and Franklin Walsh.

Robert P. Russell, Corp. Counsel, and James J. O'Donnell, Deputy Corp. Counsel, Milwaukee, Wis., for defendants, Joseph E. Baldwin and William F. O'Donnell.

Before FAIRCHILD, Circuit Judge, DOYLE, District Judge, and REYNOLDS, Chief District Judge.

REYNOLDS, Chief District Judge.

On September 29, 1970, we found that the plan under which Wisconsin had distributed Aid to Families with Dependent Children ("AFDC") welfare benefits pursuant to § 49.19(11) of the Wisconsin Statutes (hereinafter "November 1969 plan") violated the provisions of § 402(a)(23), 42 U.S.C. § 602(a)(23) (Supp. IV 1968) of the federal Social Security Act. Alvarado v. Schmidt, 317 F.Supp. 1027

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