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BEIRNE v. MITCHELL

No. 15482.

587 P.2d 153 (1978)

Gloria BEIRNE, Individually and on behalf of all others similarly situated, Plaintiff and Appellant, and Lucille Lemke, Intervening Plaintiff and Appellant, v. Anthony MITCHELL, in his capacity as Executive Director of the Utah Department of Social Services, Defendant and Respondent.

Supreme Court of Utah.

November 15, 1978.

Attorney(s) appearing for the Case

Lucy Billings, Salt Lake City, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Paul M. Tinker, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Plaintiffs Gloria Beirne and Lucille Lemke brought this action to compel the defendant, State Department of Social Services, (hereinafter Department) to continue to furnish them an extra amount in their welfare allowance for "special diet and restaurant meals." The foundation of their complaint is that the Department had previously determined their need for such an allowance and had thereafter arbitrary discontinued it. On the basis of undisputed...

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