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EVERETT v. SCHRAMM

Nos. 84-5449, 84-5490.

772 F.2d 1114 (1985)

Karen EVERETT and Marion Mickens, individually and on behalf of their children, and on behalf of all other persons similarly situated v. Patricia SCHRAMM, in her official capacity as Secretary of the Delaware Department of Health and Social Services; and Charles Hayward in his official capacity as Director of the Department's Division of Economic Services, Appellants in No. 84-5490. Appeal of Marion MICKENS and Karen Everett on behalf of themselves and all other persons similarly situated, Appellants in No. 84-5449.

United States Court of Appeals, Third Circuit.

Decided September 6, 1985.

Attorney(s) appearing for the Case

Joshua M. Spielberg (argued), Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., for appellants.

Matthew J. Lynch, Jr., Marcia Rees (argued), Dept. of Justice, State of Del., Wilmington, Del., for appellees.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and NEWCOMER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Karen Everett and Marion Mickens ("plaintiffs") brought this class action alleging illegalities in the administration of the State of Delaware's Aid to Families With Dependent Children ("AFDC") program. Defendants Patricia Schramm and Charles Hayward were sued in their official capacities as, respectively, Secretary of the Delaware Department of Health and Social Services ("the Department") and...

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