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BROWN v. HECKLER

Civ. A. No. 83-4168.

589 F.Supp. 985 (1984)

Brian BROWN, et al. v. Margaret HECKLER, Secretary of Health and Human Services, et al.

United States District Court, E.D. Pennsylvania.

April 26, 1984.

Attorney(s) appearing for the Case

Mark A. Kaufman, Delaware County Legal Assistance Ass'n, Chester, Pa., for plaintiffs.

Wendy B. Kloner, Dept. of Justice, Washington, D.C., Joan K. Garner, Serena H. Dobson, Asst. U.S. Attys., Philadelphia, Pa., for defendant U.S.

John O. J. Shellenberger, Deputy Atty. Gen., Philadelphia, Pa., for defendant State of Pa.

OPINION AND ORDER

VANARTSDALEN, District Judge.

Plaintiffs' complaint challenges as constitutionally infirm a federal welfare provision which requires the state to utilize a formula that includes certain amounts of a stepparent's earned income in computing the allowable aid available to a needy dependent child. The formula applies to stepparents irrespective of whether under state law a stepparent is legally obligated to contribute support to a stepchild...

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