MANGUM v. MITCHELL

No. 79-1738.

638 F.2d 203 (1980)

Kriss MANGUM, on behalf of herself and all others similarly situated, Appellants, v. Anthony MITCHELL, Director of the Utah Department of Social Services, Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 1980.


Attorney(s) appearing for the Case

Annina Mitchell, Salt Lake City, Utah (Utah Legal Services, Inc., and Lucy Billings, Salt Lake City, Utah, with her on brief), for appellants.

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

Before SETH, BREITENSTEIN and BARRETT, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this civil rights case brought under 42 U.S.C. § 1983 the claim is that the plaintiff-appellant, and others similarly situated, were unconstitutionally denied welfare assistance. Section 1343(a)(3) and (4), 28 U.S.C., confers jurisdiction. The district court granted summary judgment for the defendant-appellee. We affirm.

The certification of the class under Rule 23(b)(2), F.R.Civ.P. is not attacked on this appeal. The defendant...

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