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McLAUGHLIN v. WOHLGEMUTH

No. 75-2027.

535 F.2d 251 (1976)

Florence McLAUGHLIN and Ida (Mrs. Artie) Brown, on their own behalf, on behalf of their (unemancipated) (minor) children, and on behalf of all others similarly situated v. Helene WOHLGEMUTH, Individually and in her capacity as Secretary of the Department of Public Welfare of Pennsylvania et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided May 24, 1976.

Attorney(s) appearing for the Case

Axel A. Shield, II, Asst. Atty. Gen., Commonwealth of Pa., Dept. of Justice, Howard M. Holmes, Asst. Atty. Gen., Asst. Chief Civil Litigation, Eastern Regional Office, Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Robert P. Kane, Atty. Gen., Philadelphia, Pa., for appellants.

James G. Gavin, Steven A. Hyman, and Jonathan M. Stein, Community Legal Services, Inc., Philadelphia, Pa., for appellees.

Before VAN DUSEN and WEIS, Circuit Judges, and STERN, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal challenges a July 25, 1975, district court order1 declaring that certain Pennsylvania Public Assistance2 regulations are invalid to the extent that they establish a conclusive presumption that income of legally responsible relatives is available to dependent children occupying a common dwelling and...

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