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BROOKINS v. O'BANNON

No. 82-1380.

699 F.2d 648 (1983)

BROOKINS, Louise, Executive Director and Trustee Ad Litem for the Philadelphia Welfare Rights Organization, on behalf of its members, clients and itself, Appellant, v. O'BANNON, Helen, Individually and in her official capacity as Secretary of the Pennsylvania Department of Public Welfare, and Don Jose Stovall, Individually and in his official capacity as the Executive Director of the Philadelphia County Board of Assistance, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 4, 1983.

As Amended February 17, 1983.

Attorney(s) appearing for the Case

Stephen F. Gold (argued), Paul Bender, Philadelphia, Pa., for appellant.

Leroy S. Zimmerman, Atty. Gen., Andrew S. Gordon (argued), Allen C. Warshaw, Deputy Attys. Gen., Harrisburg, Pa., for appellees.

Before ADAMS and GARTH, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether a clause rendering two provisions of the 1982 Pennsylvania Welfare Reform Act nonseverable, infringes the first amendment rights of expression, petition, and association of the Philadelphia Welfare Rights Organization ("WRO") or its members. The district court denied WRO's motion for preliminary injunctive relief and then entered final judgment for defendants. Because...

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