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PARKS v. HARDEN

Nos. 73-1855, 73-3220.

516 F.2d 972 (1975)

Ruth PARKS, Individually and for all others similarly situated, Plaintiff-Appellant, v. Richard HARDEN, Individually and as the Commissioner of the Department of Human Resources, Defendant-Appellee. Mrs. Alice L. HARRIS and Mrs. Mary E. Hood, Individually, on behalf of their unborn children, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. MISSISSIPPI STATE DEPARTMENT OF PUBLIC WELFARE et al., etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 1, 1975.

Attorney(s) appearing for the Case

Steven Gottlieb, Alfred C. Kammer, II, Jay E. Loeb, Savannah, Ga., for plaintiff-appellant.

Dorothy Y. Kirkley, Asst. Atty. Gen. of Ga., Arthur K. Bolton, Atty. Gen. of Ga., Harold N. Hill, Jr., Deputy Asst. Atty. Gen., Robert J. Castellani, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellee.

A. F. Summer, Atty. Gen., William A. Allain, First Asst. Atty. Gen., Jack S. Parker, P. Roger Googe, Jr., Thomas E. Childs, Jr., Spec. Asst. Attys. Gen., Jackson, Miss., for defendants-appellants.

Mark Shenfield, West Point, Miss., Stanley L. Taylor, Oxford, Miss., Barry H. Powell, Community Legal Services, Jackson, Miss., for plaintiffs-appellees.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

PER CURIAM:

These appeals involved, inter alia, the question whether the term "dependent child" as used in § 406(a) of the Social Security Act, 42 U.S.C. § 606(a), comprehended unborn children. We held that it did, and that states receiving federal aid under the Aid to Families with Dependent Children program were required therefore, to offer welfare benefits to pregnant women for their unborn children. Parks v. Harden, 5 Cir. 1974,

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