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SILVA v. VOWELL

No. 79-2905.

621 F.2d 640 (1980)

Delfino SILVA and Jose Miranda, Jr., Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Raymond W. VOWELL, Individually and in his capacity as Commissioner of the Texas Department of Public Welfare, and the State Department of Public Welfare, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 20, 1980.

Attorney(s) appearing for the Case

Kathryn A. Reed, Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

Gerald A. Garcia, Texas Rural Legal Aid, Inc., Harlingen, Tex., Jose Antonio Gomez, Oficina Legal Del Pueblo Unido, San Juan, Tex., for plaintiffs-appellees.

Before TJOFLAT, RUBIN and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 20, 1980.

TATE, Circuit Judge:

This class action suit challenges the Texas incapacity eligibility standard for receipt of benefits under the Aid to Families with Dependent Children (AFDC) program. The plaintiffs, Delfino Silva and Jose Miranda, are AFDC applicants, and they filed a class action in December of 1975 attacking the Texas incapacity standard. Without detailing the specifics of their complaint, it is...

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