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EDER v. BEAL

No. 79-1178.

609 F.2d 695 (1979)

Charles EDER, Mattie McDaniels and Philadelphia Welfare Rights Organization, Appellants, v. Frank S. BEAL, Individually and as Secretary of the Pennsylvania Department of Public Welfare; Thomas Hooker, Individually and as Deputy Secretary for Family Assistance, Department of Public Welfare; Roger Cutt, Individually and as Commissioner of Medical Programs, Department of Public Welfare; Glenn Johnson, Individually and as Director, Bureau of Medical Assistance, Department of Public Welfare; Don Jose Stoval, Individually and as Executive Director, Philadelphia County Board of Assistance, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 14, 1979.

Attorney(s) appearing for the Case

R. Michael Kemler, Richard P. Weishaupt (argued), Community Legal Services, Inc., Philadelphia, Pa., for appellants.

Carl Vaccaro (argued), Asst. Atty. Gen., Michael von Moschzisker, Deputy Atty. Gen., Eastern Regional Director, Edward G. Biester, Jr., Atty. Gen., Dept. of Justice, Philadelphia Pa., for appellees.

Before SEITZ, Chief Judge, and GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal presents us with a novel question: must Pennsylvania comply with the notice provisions governing the termination of an optional medical assistance program funded under Title XIX of the Social Security Act,1 even when the discriminatory operation of the program has been held to have violated federal law?2 The district court, while holding that...

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