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STINER v. CALIFANO

No. Civ-75-0814-D.

438 F.Supp. 796 (1977)

Rita STINER, dba Springdale Day Care Center, Joann Chatman Moss and Jimmy Moss, dba Snow White Play School, Betty Cargill, dba Windsor Day Care Center, Nell Nale, dba Keystone Learning Center, Jo Sims, dba Sims Nursery Preschool, Gloria Keil, Patricia Hart, Marilyn Gordon, and Brenda Count, Plaintiffs, and the Honorable David L. Boren, Governor, ex rel. the State of Oklahoma, Plaintiff-Intervenor, v. Joseph A. CALIFANO, Jr., Secretary, United States Department of Health, Education and Welfare, Defendants.

United States District Court, W. D. Oklahoma.

September 26, 1977.

Attorney(s) appearing for the Case

Robert O. Stiner, Jr., Oklahoma City, Okl., for plaintiffs.

Larry Derryberry, Atty. Gen., State of Okl., Paul C. Duncan and James H. Gray, Asst. Attys. Gen., Oklahoma City, Okl., and Maurice H. Merrill, Norman, Okl., for intervenor.

John E. Green, Acting U. S. Atty., James L. Swartz, Asst. U. S. Atty., Oklahoma City, Okl., and Jaclyn C. Taner, Atty., HEW, Washington, D. C., for defendants.

Before HOLLOWAY, Circuit Judge, DAUGHERTY, Chief District Judge, and EUBANKS, District Judge.

MEMORANDUM OPINION

HOLLOWAY, Circuit Judge:

This injunction suit presents questions concerning the constitutionality of 42 U.S.C. § 1397a(a)(9)(A)1 and an administrative regulation, 45 C.F.R. § 228.42, promulgated thereunder by the Department of Health, Education and Welfare (HEW), requiring certain staffing ratios for day care centers receiving social services funds under Title XX of the Social Security Act, 42 U.S...

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