LINKENHOKER v. WEINBERGER

No. 75-1293.

529 F.2d 51 (1975)

Jean LINKENHOKER et al., Appellants, v. Caspar WEINBERGER, Secretary Department of Health, Education and Welfare, and David T. Mason, Secretary Maryland Department of Employment and Social Services, Individually and in their official capacities, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1975.


Attorney(s) appearing for the Case

C. Christopher Brown, Baltimore, Md., for appellants.

John K. Anderson, Asst. Atty. Gen. of Md. (Francis B. Burch, Atty. Gen. of Md., and Joel J. Rabin, Asst. Atty. Gen. of Md., on brief), for appellee Batterton.

Sarah Willis Wilcox, Atty., Dept. of Health, Education and Welfare (Jervis S. Finney, U. S. Atty., John W. Sheldon, Asst. U. S. Atty., and Galen D. Powers, Asst. Gen. Counsel, Dept. of Health, Education and Welfare, on brief), for appellee Weinberger.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.


WINTER, Circuit Judge:

Plaintiffs, participants in public service employment programs established pursuant to 42 U.S.C. § 632(b), sought to compel the Secretary of H.E.W. and the Secretary of the Maryland Department of Employment and Social Services to disregard their earnings from public service employment in computing benefits under the A.F.D.C. program. They claimed that such a result was mandated by 42 U.S.C. § 602(a)(19)(D) and the equal protection...

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