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BURKE v. CHILDREN'S SERVICES DIVISION

No. 414-115; CA 10501.

593 P.2d 1262 (1979)

39 Or.App. 819

Sandra BURKE, Individually and On Behalf of All Others Similarly Situated, Respondents, v. CHILDREN's SERVICES DIVISION, J.N. Peet, Administrator, and Department of Human Resources, Richard A. Davis, Director, Appellants.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for appellants. With her on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Gary Roberts, Legal Aid Service, Portland, argued the cause for respondents. With him on the brief were Michael H. Marcus and Robert B. Johnstone, Legal Aid Service, Portland.

Before SCHWAB, C.J., ROBERTS, J., and HOWELL, J. Pro Tem.

ROBERTS, Judge.

In this case, which is here for the second time, plaintiff brings a "class action suit in equity" against the defendant state agencies. Plaintiff is a recipient of benefits under the Aid to Families with Dependent Children (AFDC) program. Prior to February 15, 1975, in conjunction with that program, defendant enjoyed child care benefits in the form of direct payments by the defendant Children's Services Division (CSD) to persons who provide day care...

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