James PRICE, Louis Green, Peggy Stuart, Andrew Talley, Delores Busch, Anthony Gooden, Toni Cobb, Cynthia Rivers, Patricia Dogma and Tammy Craig, indiv. and on behalf of all similarly situated persons,
v.
Walter COHEN, indiv. and in his official capacity as Secretary, Department of Public Welfare, and Pennsylvania Department of Public Welfare, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 21, 1983.
Decided August 17, 1983.
Rehearing and Rehearing Denied September 12, 1983.
Attorney(s) appearing for the Case
Paul Bender (argued), Stephen F. Gold, Philadelphia, Pa., for appellees.
David C. Toomey, Carolyn Mills, Duane, Morris & Heckscher, Philadelphia, Pa., for amicus, Metropolitan Christian Counsel of Philadelphia, Philadelphia, Pa.
Marvin A. Fein, Deputy City Sol., D.R. Pellegrini, City Sol., Pittsburgh, Pa., for amicus, The City of Pittsburgh.
Seth F. Kreimer, University of Penna. Law School, Philadelphia, Pa., for amicus, American Civil Liberties Foundation, Philadelphia, Pa., Thomas B. Harvey, Jr., Philadelphia, Pa., of counsel.
Joseph Lurie, Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., David Wilderman, Pennsylvania AFL-CIO, Harrisburg, Pa., for amicus, Pennsylvania AFL-CIO Philadelphia, Pa.
John G. Knorr, III, Deputy Atty. Gen., Allen C. Warshaw (argued), Deputy Atty. Gen., Chief, Sp. Litigation, Harrisburg, Pa., Ward Williams, Deputy Gen. Counsel, John P. Krill, Jr., Deputy Gen. Counsel, Harrisburg, Pa., Stanley I. Slipakoff, Asst. Counsel, Chief of Litigation, Dept. of Public Welfare, Philadelphia, Pa., for appellants.
Before SEITZ, Chief Judge, and ADAMS and SLOVITER, Circuit Judges.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing In Banc Denied September 12, 1983.
OPINION OF THE COURT
ADAMS, Circuit Judge.
The Pennsylvania Department of Public Welfare and Walter S. Cohen, Secretary of the Department, appeal from an order of the district court, 565 F.Supp. 657, permanently enjoining enforcement of section 10 of Act 1982-75, which amended the Pennsylvania Public Welfare Code. 1982 Pa. Laws 231, amending 62 P.S. ...
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