WHITE v. BEAL

No. 76-1755.

555 F.2d 1146 (1977)

Ralph WHITE, William B. Johnson, and Philadelphia Welfare Rights Organization, et al., on behalf of themselves and all others similarly situated, Appellees, v. Frank S. BEAL, Individually and as Secretary of the Department of Public Welfare, Glenn Johnson, Individually and as Director, Bureau of Medical Assistance, Department of Public Welfare, Don Jose Stovall, Individually and as Executive Director of the Philadelphia County Board of Assistance, the Pennsylvania Department of Public Welfare, and the Philadelphia County Board of Assistance, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 5, 1977.


Attorney(s) appearing for the Case

Robert P. Kane, Atty. Gen., M. Faith Angell, Howard M. Holmes, Asst. Attys. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Philadelphia, Pa., for appellants.

R. Michael Kemler, Stephen F. Gold, Community Legal Services, Inc., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In administering its federally aided medical assistance program, Pennsylvania chose to limit its expenditures for eyeglasses by making them available on the basis of etiology rather than medical necessity. The district court determined that the classification was in conflict with the underlying federal statute, and enjoined application of the restrictive state regulations. We affirm.

The plaintiff class is...

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