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JACQUET v. WESTERFIELD

No. 75-3828.

569 F.2d 1339 (1978)

Clyde JACQUET et al., Plaintiffs-Appellants, v. Roy E. WESTERFIELD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 1978.

Attorney(s) appearing for the Case

Jack Mark Stolier, New Orleans, La., Henry A. Freedman, Howard L. Zwickel, NLSP Center on Social Welfare Policy & Law, Inc., New York City, for plaintiffs-appellants.

Raymond L. Smart, Terry F. Hessick, La., Dept. of Public Welfare, Legal Div., William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., William Kanter, Atty., Rex E. Lee, Asst. Atty. Gen., Allen H. Sachsel, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WISDOM, GODBOLD and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

Plaintiffs brought this class action challenging two policies of the welfare department of the state of Louisiana. The first policy, authorized by regulations of the Department of Health, Education, and Welfare (HEW), codified at 45 C.F.R. § 233.20(a)(12)(i)(A)(2) (1976), allows the reduction of the current assistance grant under the Aid to Families with Dependent Children (AFDC) program, irrespective of current income or resources...

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