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PLUMAS COUNTY BD. OF SUP'RS v. CALIFANO

No. 77-1280.

594 F.2d 756 (1979)

PLUMAS COUNTY BOARD OF SUPERVISORS and Supervisors Larry Dean, Russell Papenhausen, Joe W. Crivello, Ole Olsen and Leonard Ross, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 3, 1979.

Attorney(s) appearing for the Case

Baird B. McKnight (argued), Quincy, Cal., John H. Findley (argued), Sacramento, Cal., for plaintiffs-appellants.

Edward H. Levi, U. S. Atty. Gen., Washington, D. C., John F. Jones, Atty. (argued), of Dept. of Justice, Washington, D. C., for defendant-appellee.

Asher Rubin (argued), San Francisco, Cal., David F. Charkin (argued), Riverside, Cal., for appellee-respondent.

Before MERRILL and CHOY, Circuit Judges, and MURRAY, District Judge.

MERRILL, Circuit Judge:

The question presented here is whether Plumas County, California, has standing to challenge the assistance payments it is required to make to pregnant needy women under California's program for Aid to Families with Dependent Children (AFDC). The county contends that under federal law unborn children cannot qualify as dependent children, and that the state, receiving federal funding, cannot provide otherwise. Bringing suit through its Board...

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