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DRYSDALE v. SPIRITO

No. 82-1218.

689 F.2d 252 (1982)

Diane DRYSDALE, et al., Plaintiffs, Appellees, v. Thomas SPIRITO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 14, 1982.

Attorney(s) appearing for the Case

Scott A. Smith, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for appellant.

Mary C. Gallagher, Boston, Mass., with whom T. Richard McIntosh, Hyannis, Mass., was on brief, for appellees.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Plaintiffs, appellees in this case, are a class of dependent children who receive welfare payments under the Aid to Families with Dependent Children (AFDC) program. Social Security Act §§ 401-410, 42 U.S.C. §§ 601-610. Each plaintiff has a "caretaker parent" (often, but not always, the plaintiff's mother) who is not herself in need of welfare and who also has some earned income. Because the caretaker parent is not needy,...

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