COM. OF PA. v. UNITED STATES

No. 84-5257.

752 F.2d 795 (1984)

COMMONWEALTH OF PENNSYLVANIA and Pennsylvania Department of Public Welfare and Cohen, Walter W., in his official capacity as Secretary of the Pennsylvania Department of Public Welfare v. UNITED STATES of America and United States Department of Health and Human Services and Heckler, Margaret M., in her official capacity as Secretary of the United States Department of Health and Human Services and Social Security Administration and Svahn, John A., in his official capacity as Commissioner of the Social Security Administration. Appeal of COMMONWEALTH OF PENNSYLVANIA and the Pennsylvania Department of Public Welfare and Walter W. Cohen, Secretary of the Pennsylvania Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided December 6, 1984.


Attorney(s) appearing for the Case

Kathleen F. McGrath (argued), Andrew S. Gordon, Deputy Attys. Gen., Allen C. Warshaw, Deputy Atty. Gen., and Chief, Litigation Section, Carol Genduso, Asst. Gen. Counsel, Harrisburg, Pa., for appellants.

David Dart Queen, U.S. Atty., Harrisburg, Pa., Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan and John S. Koppel (argued), Attys., Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., for appellees.

Before GIBBONS, BECKER and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

I. Procedural History

Plaintiffs are the Commonwealth of Pennsylvania, which partially funds the Aid to Families with Dependent Children (AFDC) program, its Department of Public Welfare (DPW), and the state agencies and officers responsible for implementing the AFDC program. Defendants are the United States, its Department of Health and Human Services (HHS), and its agencies and officers...

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