ALEXANDER v. POLK

Nos. 83-1811, 83-1832.

750 F.2d 250 (1984)

Luvinia ALEXANDER, for herself and as guardian ad litem for Sharifa Alexander; Sylvia Bey, for herself and as guardian ad litem for Trustin Bey; Irene Burkett, for herself and as guardian ad litem for Robert Burkett; Andrea Carey, for herself and as guardian ad litem for Leslie Bonita Rex; Sheila Mitchell, for herself and as guardian ad litem for Tamika Mitchell; and Elizabeth Truitt, for herself and as guardian ad litem for Leon Truitt, Appellants in No. 83-1811, v. Louis POLK, M.D., Acting Director of the Philadelphia Department of Health, individually and in his official capacity; Pearl Pitt, M.D., WIC Coordinator, Division of Maternal and Child Health, Philadelphia Department of Health, individually and in her official capacity; David Soricelli, D.D.S., Director of Community Health Services, individually and in his official capacity; Christine Kniszley, M.D., Director of Maternal and Child Health Programs, individually and in her official capacity; Barry Dickman, Administrator of the WIC Program, individually and in her official capacity; Jack Burkhardt, Administrator of the Division of Maternal and Child Health of the Philadelphia Department of Health, individually and in his official capacity; the Department of Health of the City of Philadelphia; Leonard Bachman, M.D., Secretary of Health of the Commonwealth of Pennsylvania, individually and in his official capacity; Mary Ann Britton, R.D., State WIC Coordinator, individually and in her official capacity; the Department of Health of the Commonwealth of Pennsylvania, Appellants in No. 83-1832.

United States Court of Appeals, Third Circuit.

Decided December 17, 1984.


Attorney(s) appearing for the Case

Richard Weishaupt (argued), Niles Schore, Community Legal Services, Inc., Philadelphia, Pa., for appellants in No. 83-1811 and appellees in No. 83-1832.

Pamela L. Perry, Deputy City Sol., Philadelphia, Pa., for City appellants/appellees.

David H. Ward, Ruth E. Granfors, Asst. Counsels, Ruth M. Siegel, Chief Counsel (argued), Harrisburg, Pa., for Commonwealth appellants/appellees.

Ralph J. Teti, Philadelphia, Pa. (argued), for appellee in No. 83-1811 and appellants in No. 83-1832.

Before SEITZ, GIBBONS and HUNTER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

This class action challenges the administration of the Supplemental Food Program for Women, Infants, and Children (WIC), 42 U.S.C.A. § 1786 (West 1978),1 by the City of Philadelphia in 1977 and 1978. The plaintiffs are a class of four-year-old children terminated from the WIC program without notice of the opportunity for a hearing, and a single individual, Andrea Carey, terminated...

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