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JAMES v. O'BANNON

No. 82-1438.

715 F.2d 794 (1983)

JAMES, Constance, Individually and on behalf of all others similarly situated, and Philadelphia Welfare Rights Organization, by its Executive Director, Brookins, Louise on behalf of its members and all others similarly situated v. O'BANNON, Helen, Individually and as Secretary of DPW and Stovall, Don Jose, Individually and as Executive of the Philadelphia County Board of Assistance and Margaret M. Heckler, Individually and as Secretary of the United States Department of Health and Human Services, James, the Philadelphia Welfare Rights Organization and the class they represent, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 17, 1983.

Rehearing Denied September 14, 1983.

Attorney(s) appearing for the Case

Stephen F. Gold, Philadelphia, Pa., for appellant, Constance James.

Richard Weishaupt (argued), Community Legal Services, Philadelphia, Pa., for appellant, Philadelphia Welfare Rights Organization.

Peter F. Vaira, Jr., U.S. Atty., Walter S. Batty, Jr., Joan K. Garner, Asst. U.S. Attys., Philadelphia, Pa., Diane C. Moskal (argued), Regional Atty., Region III, U.S. Dept. of Health and Human Services, Philadelphia, Pa., for appellee, Margaret M. Heckler.

John O.J. Shellenberger (argued), Deputy Atty. Gen., Philadelphia, Pa., for appellees, Helen O'Bannon and Don Jose Stovall.

Before SEITZ, Chief Judge, and ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

I.

At issue in this case is the proper treatment, under Sections 2301 and 2302 of the Omnibus Budget Reconciliation Act (OBRA), Pub.L. 97-35, 95 Stat. 843-45 (1981) (codified at 42 U.S.C. §§ 602(a)(7) and 602(a)(8)), to be accorded to amounts mandatorily withheld for taxes from earned income received by beneficiaries of Subchapter IV, Part A of the Social Security Act, Aid to Families of Dependent...

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