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THORNBURG ET UX. v. DEPT. OF PUB. WELFARE.

No. 1329 C.D. 1977.

46 Pa.Commw. 592 (1979)

Phillip W. Thornburg and Virginia Thornburg, Petitioners v. Commonwealth of Pennsylvania Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

October 24, 1979.

Attorney(s) appearing for the Case

Lucinda A. Bush, with her Mark A. Senick, for appellants.

Linda M. Gunn, Assistant Attorney General, with her Edward P. Carey, Assistant Attorney General, for appellee.

Argued March 9, 1979, before Judges CRUMLISH, JR., DiSALLE and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 24, 1979:

Phillip and Virginia Thornburg appeal from a decision of the Department of Public Welfare (DPW) affirming the denial of their request for benefits under the Aid to Families with Dependent Children (AFDC) program.

The Thornburgs (claimants) applied for assistance under 55 Pa. Code § 153.43(a)(3) which accords AFDC eligibility to children deprived of parental support or care if either parent has a physical or mental...

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