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FROST v. WEINBERGER

No. 547, Docket 74-2020.

515 F.2d 57 (1975)

Claudia FROST et al., Plaintiffs-Appellees, v. Caspar WEINBERGER, as Secretary of United States Department of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 17, 1975.

Attorney(s) appearing for the Case

David M. Cohen, Dept. of Justice, Washington, D. C. (Carla A. Hills, Asst. Atty. Gen., David G. Trager, U. S. Atty., William Kanter, Washington, D. C., of counsel), for appellant.

Rene H. Reixach, Jr., Rochester, N. Y. (Monroe County Legal Assistance Corp., Kenneth Cohn, and Nassau County Law Services Committee, Inc., of counsel, Freeport, N. Y.), for appellees.

Before WATERMAN, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal displays a new facet in the developing law of due process with respect to administrative action by the welfare state. Whereas such controversies have typically involved disputes between the Government on the one hand and a citizen or class of citizens on the other, here the ultimate conflict is between two categories of citizens and the Government's interest is to pay the right one. Before reaching the problem of what due process...

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