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WILSON v. EDELMAN

Nos. 75-2005, 75-2006.

542 F.2d 1260 (1976)

Charles WILSON et al., Plaintiffs-Appellants, v. Joel EDELMAN, Director, Illinois Department of Public Aid, et al., Defendants-Appellees. Thomas STERLING et al., Plaintiffs-Appellants, v. Joel EDELMAN, Director, Illinois Department of Public Aid, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1976.

Attorney(s) appearing for the Case

Thomas J. Grippando, James D. Weill, Chicago, Ill., for plaintiffs-appellants.

Samuel K. Skinner, U. S. Atty., Chicago, Ill., David M. Cohen, Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., Patricia Rosen, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and STECKLER, District Chief Judge.

SWYGERT, Circuit Judge.

Before this court are two consolidated appeals in which provisions of the Federal Social Security Act, 42 U.S.C. §§ 1381 et seq., and the Illinois Public Aid Code, Ill.Rev.Stat. ch. 23, §§ 3-1 et seq. (1973), are challenged as unconstitutional in that they operate to exclude otherwise eligible aged, blind, and disabled persons from public assistance benefits solely because they are

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