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PHILADELPHIA CITIZENS IN ACTION v. SCHWEIKER

Nos. 81-2915, 81-2916 and 81-2942.

669 F.2d 877 (1982)

PHILADELPHIA CITIZENS IN ACTION by Roxanne Jones, Executive Director and Trustee Ad Litem, and Philadelphia Welfare Rights Organization by Louise Brookins, Executive Director and Trustee Ad Litem, v. Richard SCHWEIKER, Secretary, United States Department of Health and Human Services, and Helen O'Bannon, Secretary, Department of Public Welfare, Commonwealth of Pennsylvania, Helen O'Bannon, Appellant in No. 81-2915, Richard Schweiker, Appellant in No. 81-2916, Philadelphia Citizens in Action and Philadelphia Welfare Rights Organization, Appellants in No. 81-2942.

United States Court of Appeals, Third Circuit.

Decided January 15, 1982.

Rehearing and Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

John O. J. Shellenberger, (argued), Deputy Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., LeRoy S. Zimmerman, Atty. Gen., Stanley I. Slipakoff, Chief of Litigation, Dept. of Public Welfare, Philadelphia, Pa., for Helen O'Bannon.

Douglas G. Dye (argued), Jonathan M. Stein, Richard Weishaupt, Community Legal Services, Inc., Philadelphia, Pa., for Philadelphia Citizens in Action and Philadelphia Welfare Rights Organization.

J. Paul McGrath, Asst. Atty. Gen., Peter F. Vaira, Jr., U. S. Atty., Leonard Schaitman, Michael Kimmel (argued), Susan Sleater, Attys., Dept. of Justice, Washington, D. C., for Richard Schweiker.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 10, 1982.

OPINION OF THE COURT

ADAMS, Circuit Judge.

President Reagan signed into law the Omnibus Budget Reconciliation Act (OBRA), Pub.L.No.97-35, 95 Stat. 357, on August 13, 1981. OBRA was the product of a major, highly publicized, and vigorously debated effort by Congress and the President to reverse the growth of federal spending by systematically reducing the level of expenditures in a wide range...

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