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ELAM v. HANSON

Civ. No. C 71-286.

384 F.Supp. 549 (1974)

Annette ELAM, mother of Victor Elam and Valance Elam, by next friend Callie Elam, and Barbara Hardison, mother of Bobbie Kris Hardison by next friend Jerene D. Hardison, all individually and on behalf of all other persons similarly situated, Plaintiffs, v. John HANSON, Director of Public Welfare for the State of Ohio, and Donald Morrow, Director of Lucas County Welfare Department, Defendants.

United States District Court, N. D. Ohio, W. D.

October 1, 1974.

Attorney(s) appearing for the Case

James M. Klein, University of Toledo, College of Law, Joseph F. Vargyas and C. Thomas McCarter, Advocates for Basic Legal Equality, Toledo, Ohio, Prof. Thomas F. Willging, Antioch College of Law, Washington, D. C., for plaintiffs.

Kevin Duffy, Asst. Atty. Gen. of Ohio, Columbus, Ohio, Joseph Jan, Toledo, Ohio, for defendants.

Willmot R. Hastings, Chief Counsel, H. E. W., Washington, D. C., Frank A. Justen, Asst. U. S. Atty., Toledo, Ohio, amicus curiae.

OPINION AND ORDER

DON J. YOUNG, District Judge.

This cause came to be heard upon motion by plaintiffs for summary judgment. The parties indicate and the Court agrees that there is no genuine issue as to any material fact, there being only a dispute of law. Therefore this case is ripe for summary adjudication pursuant to Rule 56, Fed.R.Civ.P.

Plaintiffs in the class action are residents of Lucas County, Ohio, who are recipients of state Aid to Families...

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