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BELL v. MASSINGA

No. 83-1227.

721 F.2d 131 (1983)

Carolyn BELL and Maryland Welfare Rights Organization (Individually and on behalf of all others similarly situated), Appellants, v. Ruth MASSINGA, Secretary, Maryland Department of Human Resources (Individually and in his official capacity) and Richard S. Schweiker, Secretary of the United States Department of Health and Human Services (In his official capacity), Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 14, 1983.

Attorney(s) appearing for the Case

Myrna A. Butkovitz, Baltimore, Md. (Peter M.D. Martin, Dennis W. Carroll, Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.

Nancy B. Shuger, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Baltimore, Md., on brief), for appellee Maryland.

Javier A. Arrastia, Asst. Regional Atty., Philadelphia, Pa. (Diane C. Moskal, Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., J. Frederick Motz, U.S. Atty., Glenda G. Gordon, Asst. U.S. Atty., Baltimore, Md., on brief), for appellee Margaret M. Heckler, Secretary, U.S. Dept. of Health and Human Services.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

The issue which this appeal presents has brought about conflicting answers by the two courts of appeals and the several district courts that have addressed it. The issue is whether, since enactment of §§ 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 (8)), in determining eligibility and benefits under the Aid to Families...

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