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JACKSON v. O'BANNON

No. 79-2296.

633 F.2d 329 (1980)

JACKSON, Wayne, in his own behalf, on behalf of his unemancipated minor son, and on behalf of all others similarly situated, Appellant, v. O'BANNON, Helen, individually and in her capacity as Secretary of the Department of Public Welfare of Pennsylvania; Stovall, Don Jose, individually and as Executive Director of the Philadelphia County Board of Assistance.

United States Court of Appeals, Third Circuit.

Decided September 11, 1980.

Attorney(s) appearing for the Case

Lawrence M. Schall (Argued), Stephen F. Gold, Community Legal Services, Inc., Philadelphia, Pa., for appellant.

Jean E. Graybill (Argued), Mary Frances Grabowski, Asst. Attys. Gen., Dept. of Public Welfare, Harrisburg, Pa., for appellees.

Before ROSENN, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

The Department of Public Welfare of Pennsylvania [hereinafter DPW], the agency which administers that state's Social Security Act program of Aid to Families with Dependent Children [hereinafter AFDC], 42 U.S.C. §§ 601 et seq. (1976 & Supp. II 1978), has a policy which bars duplicate payments of AFDC benefits on behalf of a child who has moved to the home of another relative....

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