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BURKE v. CHILDREN'S SERVICES DIVISION

TC 414-115; CA 10501; SC 26253.

607 P.2d 141 (1980)

288 Or. 533

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

Supreme Court of Oregon.

Decided February 20, 1980.

Attorney(s) appearing for the Case

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

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

Before DENECKE, C.J., and HOLMAN, TONGUE, LENT and PETERSON, JJ.

TONGUE, Justice.

This is a class suit in equity on behalf of families with dependent children asking for a declaratory judgment that defendants had improperly terminated a program for federally funded payments to them and for an order requiring the resumption of such payments. On a motion by the plaintiffs for partial summary judgment the trial court: (1) ordered the defendants to resume making child care payments on behalf of the plaintiffs in accordance with policies...

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