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GROSS v. HARRIS

Nos. 81-1241, 81-1387, 80-2196 and 81-1043.

664 F.2d 667 (1981)

Doris A. GROSS, as the next friend of and on behalf of Yolanda Scott, Debra Scott, and Tina Scott, minor children, Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Appellee. Seneca V. HOWARD, as Next Friend, on behalf of Gregory Howard, a Minor, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services and State of Missouri, Appellees. Leola McLAURIN for herself and as next friend for Gregory Miles, Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Appellee. Dorothy McPHERSON, individually and as next friend of her minor children, Patrick McPherson and Lawrence McPherson, Appellant, v. Patricia HARRIS, Secretary, Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1981.

Attorney(s) appearing for the Case

J. L. Whaley, argued, Brooke A. Berger, Richard D. Chase, Harry J. Nichols, Dennis W. Fox, argued, St. Louis, Mo., Sawyer Marglous, Clayton, Mo., for appellants.

John Ashcroft, Atty. Gen., Leslie Ann Schneider, Asst. Atty. Gen., Jefferson City, Mo., for intervenor.

Robert D. Kingsland, U. S. Atty., Joseph B. Moore, argued, Wesley D. Wedemeyer, Bruce D. White, Asst. U. S. Attys., St. Louis, Mo., for appellee; Paul P. Cacioppo, Regional Atty., Region VII, Dept. of Health and Human Services, Robert VanNorman, Frances E. S. Reddis, Attys., Dept. of Health and Human Services, Kansas City, Mo., Stanley Ericsson, Dept. of Health and Human Services, Baltimore, Md., of counsel.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.

HENLEY, Circuit Judge.

These consolidated appeals are from orders of various district court judges granting motions for summary judgment in favor of the Secretary of Health and Human Services. In all of these appeals, appellants are urging (1) that the former Sections 474.060 and 474.070 of the Missouri Statutes unconstitutionally discriminate on the basis of legitimacy and sex under Trimble v. Gordon, 430 U.S. 762, 97 S.Ct....

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