D____ R____ v. MITCHELL

No. 78-1675.

617 F.2d 203 (1980)

D____ R____, on behalf of herself and all other persons similarly situated, Plaintiff-Appellant, v. Anthony MITCHELL et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 10, 1980.


Attorney(s) appearing for the Case

David S. Dolowitz of Parsons, Behle & Latimer, Salt Lake City, Utah, for plaintiff-appellant and A. C. L. U.

Paul M. Tinker, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah (Robert B. Hansen, Atty. Gen., Salt Lake City, Utah, with him on brief), for defendants-appellees.

Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.


SETH, Chief Judge.

This appeal concerns the use of public assistance funds for abortions in the State of Utah. The Utah-federal relationship in the administration of Social Security Act programs and welfare program is typical. The particular program here concerned is the Aid to Families with Dependent Children (AFDC) under 42 U.S.C. § 601 and following, and the Medicaid Assistance program under 42 U.S.C. § 1396 and following. Utah had chosen to participate...

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