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WESTCOTT v. CALIFANO

Civ. A. No. 77-222-F.

460 F.Supp. 737 (1978)

William and Cindy WESTCOTT, Individually and on Behalf of their unborn child and on Behalf of all others similarly situated v. Joseph CALIFANO, Sec. HEW and Alexander Sharp, Commonwealth of Mass. Department of Public Welfare.

United States District Court, D. Massachusetts.

April 20, 1978.

Attorney(s) appearing for the Case

Mary R. Mannix and Henry A. Freedman, NLSP Center on Social Welfare Policy & Law Inc., New York City, Kenneth P. Neiman, Western Mass Legal Services Inc., Holyoke, Mass., for plaintiff.

John Hanify, Asst. U. S. Atty., Boston, Mass., for Califano, Sec. HEW.

Paul W. Johnson, Asst. Atty. Gen., Boston, Mass., for Comm. Sharp.

OPINION

FREEDMAN, District Judge.

I. The Claims

This case is before the court on the plaintiffs' motion for partial summary judgment and the federal defendant's cross-motion for summary judgment.1 The plaintiffs, Cindy and William Westcott and Susan and John Westwood, challenge the constitutionality of § 407 of the Social Security Act, 42 U.S.C. § 607 (hereinafter § 607), a part of the Aid to Families...

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