EDWARDS v. McMAHON

Nos. 85-2703, 85-2704, 85-2705 and 86-2398.

834 F.2d 796 (1987)

Helene EDWARDS; Christine Streicher Diamond, Plaintiffs/Appellees, and Helen Edwards; Christine Streicher Diamond; California Coalition of Welfare Rights Organizations; Sharon Lilly; Judith A. Tillings; Plaintiffs-Intervenors/Appellees, v. Linda S. McMAHON, Director of the State Department of Social Services; Department of Social Services, an agency of the State of California; Michael Franchetti, Director of the Department of Finance of the State of California; Dept. of Finance, an Agency of the State of California; Defendants/Counter-Claimants, Third-Party Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Third-Party Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1987.


Attorney(s) appearing for the Case

William Kanter and Al J. Daniel, Jr., Dept. of Justice, Washington, D.C., for defendant-third-party defendant/appellant.

Elizabeth Arnold, Contra Costa Legal Aid, Richmond, Cal., Wendy Sones, Coalition of California Welfare Rights Organizations, Sacramento, Cal., and Edward Barnes and Juliet Gee, Legal Aid Society of Alameda County, Oakland, Cal., for plaintiffs/appellees.

John K. Van de Kamp, Atty. Gen., Asher Rubin, Deputy Atty. Gen., for state appellees.

Before ANDERSON, SKOPIL and CANBY, Circuit Judges.


SKOPIL, Circuit Judge:

The issue in this case is whether the Secretary of Health and Human Services must make corrective payments to former recipients of benefits under the Aid to Families with Dependent Children program (AFDC), 42 U.S.C. §§ 601-615 (1985). The State of California and former AFDC recipients sought to compel such payments. The district court granted summary judgment in their favor and awarded attorney...

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