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BOURGEOIS v. STEVENS

No. 75-1473.

532 F.2d 799 (1976)

Rita BOURGEOIS et al., Plaintiffs-Appellants, v. Jerald L. STEVENS et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided April 2, 1976.

Attorney(s) appearing for the Case

R. Peter Anderson, Boston, Mass., with whom Charles R. Capace, Daniel S. Manning and Hollis Young, Boston, Mass., were on brief, for plaintiffs-appellants.

Donald K. Stern, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This appeal raises the important question whether the Massachusetts Department of Welfare's plan to eliminate grants for certain nonrecurring needs from its Aid to Families with Dependent Children ("AFDC") program violates § 402(a)(23) of the Social Security Act, 42 U.S.C. § 602(a)(23).1 The district court found that Massachusetts had granted benefits for nonrecurring needs to individuals who were otherwise...

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