NATIONAL WELFARE RIGHTS ORGANIZATION v. MATHEWS

No. 75-1741.

533 F.2d 637 (1976)

NATIONAL WELFARE RIGHTS ORGANIZATION et al., Appellants, v. F. David MATHEWS, Secretary of the Department of Health, Education and Welfare.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 1976.


Attorney(s) appearing for the Case

Henry A. Freedman and Steven J. Cole, New York City, with whom Carolyn M. Heft and Adele M. Blong, New York City, and Florence Roisman, Washington, D. C., were on the brief for appellant organizations.

Lawrence Silver, Deputy Atty. Gen., Harrisburg, Pa., Chief, Litigation of the Comm. of Pa. was on the brief for appellant Com. of Pa.

Richard A. Graham, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William M. Brodsky and Ann S. DuRoss, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Joel J. Rabin, Asst. Atty. Gen., State of Md., Baltimore, Md., was on the brief for appellant State of Md.

Ronald A. Zumbrun, John H. Findley, Sacramento, Cal., John H. Midlen, Jr., Washington, D. C. and Glenn E. Davis, Sacramento, Cal., filed a brief on behalf of Pacific Legal Foundation as amicus curiae urging affirmance.

Before WRIGHT, Circuit Judge, LUMBARD, Senior Circuit Judge for the Second Circuit and TAMM, Circuit Judge.


Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This appeal challenges the validity of a recent regulation promulgated by the Secretary of Health, Education and Welfare ("HEW") which purports to specify maximum amounts of resources allowable to recipients of Aid to Families with Dependent Children ("AFDC"), types of resources which are exempted in whole or part, and the manner of valuation of these resources. Plaintiff-appellants &...

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