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FORTIN v. COM'R OF MASS. DEPT. OF PUBLIC WELFARE

No. 82-1138.

692 F.2d 790 (1982)

Jane FORTIN, et al., etc., Plaintiffs, Appellees, v. COMMISSIONER OF the MASSACHUSETTS DEPARTMENT OF PUBLIC WELFARE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 4, 1982.

Attorney(s) appearing for the Case

H. Reed Witherby, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Paul W. Johnson, Asst. Atty. Gen., Boston, Mass., were on brief, for appellant.

Jim Hammerschmith, Northampton, Mass., for appellees.

Before SWYGERT, Senior Circuit Judge and BOWNES and BREYER, Circuit Judges.

SWYGERT, Senior Circuit Judge.

This case is an appeal from an order of the district court finding the Massachusetts Department of Public Welfare ("Department") not in substantial compliance with a 1975 consent decree enjoining delays in welfare eligibility determinations, holding the Department in civil contempt, and imposing fines for further noncompliance. The Department also appeals the district court's denial of its motion to amend the decree. Because the finding...

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