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JONES v. CALIFANO

No. 268, Docket 77-6116.

576 F.2d 12 (1978)

Veronica JONES and Robert Jones, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Bernice L. Bernstein, Director, Region II, Department of Health, Education and Welfare, and Joseph J. Kelly, Commissioner, Social Security Administration, New York Region, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 14, 1978.

Attorney(s) appearing for the Case

Lloyd Constantine, Brooklyn, N. Y. (John C. Gray, Jr., Brooklyn Legal Services, Brooklyn, N. Y., and Maurie Heims, Onondaga Neighborhood Legal Services, Inc., Syracuse, N. Y., and Rene Reixach, Greater Upstate Law Project, Rochester, N. Y., of counsel), for plaintiffs-appellants.

Nathaniel L. Gerber, Asst. U. S. Atty., S. D. N. Y., New York City (Robert F. Fiske, Jr., U. S. Atty., and Patrick H. Barth, Asst. U. S. Atty., S. D. N. Y., New York City, of counsel), for defendants-appellees.

Before WATERMAN, MOORE and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This appeal involves an interplay between the Federal Supplemental Security Income Law ("SSI")—the national cash assistance plan for needy persons who are also disabled, blind, or aged, 42 U.S.C. §§ 1381 et seq. (Title XVI of the Social Security Act)—and the statute providing for Aid to Families with Dependent Children ("AFDC") as administered by the State of New York, 42 U.S.C. §§ 601 et seq.

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