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JOHNSON v. COHEN

Nos. 86-1101, 86-1107 and 86-1149.

836 F.2d 798 (1987)

JOHNSON, Natasha, on behalf of herself and her minor children and all other similarly situated persons, Appellant in 86-1149, v. COHEN, Walter, Individually and in his official capacity as Secretary of the Pennsylvania Department of Public Welfare, Stovall, Don Jose, Individually and in his official capacity as Executive Director of the Philadelphia County Board of Assistance, Appellants in 86-1107, Heckler, Margaret M., Individually and in her official capacity as Secretary of the United States Department of Health and Human Services. Appeal of Margaret M. HECKLER, Secretary of the United States Department of Health and Human Services, Appellant in 86-1101.

United States Court of Appeals, Third Circuit.

Decided December 31, 1987.

Attorney(s) appearing for the Case

William Kanter, Carlene V. McIntyre, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, D.C., for Federal appellant/cross-appellee.

John O.J. Shellenberger, Deputy Atty. Gen., Philadelphia, Pa., for State appellants/cross-appellees.

Deborah Harris, Community Legal Services, Inc., Amy E. Hirsch, Community Legal Services, Inc., Philadelphia, Pa., for appellees/cross-appellants.

Before GIBBONS, Chief Judge, and HIGGINBOTHAM, Circuit Judge, and COWEN, District Judge.

Submitted Pursuant to Third Circuit Rule 12(6)(a) September 28, 1987.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The initial issue presented for review on this appeal concerned the constitutionality of Title IV-A of the Social Security Act, 42 U.S.C. §§ 601-615 (1982 & Supp.1987) ("AFDC"), as amended by § 2640(a) of the Deficit Reduction Act of 1984, P.L. 98-369, 98 Stat. 494, 1145 ("DEFRA"). More specifically...

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