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McELRATH v. CALIFANO

No. 78-1849.

615 F.2d 434 (1980)

Doris McELRATH, Individually and on behalf of her minor children, Denogya and Darryl, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, and Arthur F. Quern, Director of the Illinois Department of Public Aid, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1980.

As Amended February 1, 1980.

Attorney(s) appearing for the Case

Dennis Frick (Law Student), Mandel Legal Aid Clinic, Chicago, Ill., for plaintiffs-appellants.

Jean M. Golden, Sp. Asst. Atty. Gen., Chicago, Ill., Michael F. Hertz, Appellate Sec., Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before PELL and BAUER, Circuit Judges, and NOLAND, District Judge.

BAUER, Circuit Judge.

Plaintiffs-appellants Doris McElrath, etc., et al., appeal from the order entered by the district court dismissing their complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief could be granted. Appellants' complaint challenged, inter alia, the validity of federal and state regulations requiring all members of a family, including unemployed children, to obtain...

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