PHILADELPHIA WELFARE RIGHTS ORG'N v. SHAPP

Nos. 78-2221, 78-2353.

602 F.2d 1114 (1979)

PHILADELPHIA WELFARE RIGHTS ORGANIZATION, a voluntary association by Louise Brookins, trustee Policy Advisory Committee of the Get Set Day Care Centers of Philadelphia by Nancy C. Bullett, Chairwoman; Nellie Rodriguez, individually and on behalf of her minor children, Alicia, Jose, Ramiro, Judy, Marilyn, Cynthia, Eileen; Rowena Scott, individually and on behalf of her minor children, Melvin, David, Blair, Darlene, Lorraine, Yvonne, and Jermarie, on behalf of themselves and all others similarly situated, Appellants, v. The Honorable Milton J. SHAPP, Governor of the Commonwealth of Pennsylvania, Helene Wohlgemuth, Secretary of the Department of Public Welfare of Pennsylvania, and Don Jose Stovall, Executive Director, Philadelphia County Board of Assistance, individually and in their official capacity.

United States Court of Appeals, Third Circuit.

Decided July 9, 1979.


Attorney(s) appearing for the Case

Stephen F. Gold (argued), Community Legal Services, Inc., Philadelphia, Pa., for appellants.

Margaret H. Hunting (argued), Amy Zapp, Deputy Attys. Gen., Edward G. Biester, Jr., Acting Atty. Gen., Pennsylvania Dept. of Justice, Harrisburg, Pa., for appellees.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

The plaintiffs, class representatives, appeal (1) from an order granting defendants' motion to modify a consent final injunction, and (2) from an order denying their motion for additional preliminary injunctive relief supplementing that granted in the consent final injunction. The complaint sought enforcement of those sections of Title XIX of the Social Security...

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