TURNER v. PROD

Nos. 82-4552, 82-4566, 82-4567 and 82-4599.

707 F.2d 1109 (1983)

Sandra TURNER, Debra Scruggs, Jerrylean Baker, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Jerold PROD, individually and in his official capacity as the Executive Director of the Department of Social Services of the State of California; et al., Defendants-Appellants. DEPARTMENT OF SOCIAL SERVICES OF the STATE OF CALIFORNIA, Defendant and Third-Party Plaintiff/Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Third-Party Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1983.

As Amended August 11, 1983.


Attorney(s) appearing for the Case

Gwenda Jones Kelley, Dept. of Health & Human Services, Baltimore, Md., for third party defendants-appellants.

John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants.

Mark N. Aaronson, Committee for Urban Affairs, John E. Peer, Guy D. Calladine, Long & Levit, San Francisco, Cal., Marilyn Kaplan, Center on Law & Poverty, Los Angeles, Cal., for plaintiffs-appellees.

Before ELY, SKOPIL and FERGUSON, Circuit Judges.


FERGUSON, Circuit Judge:

In a case of first impression,1 the State of California and the federal Department of Health and Human Services (HHS) appeal a grant of partial summary judgment against them and in favor of a state-wide class of workers receiving Aid to Families with Dependent Children (AFDC). The plaintiff class contends that the income used to calculate a welfare family's needs has never, and does not now, include the funds mandatorily...

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