KITCHENS v. BOWEN

No. 86-3994.

825 F.2d 1337 (1987)

Ronnie O. KITCHENS, et al., Plaintiffs-Appellants, v. Otis R. BOWEN, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1987.


Attorney(s) appearing for the Case

Philip F. Schuster, II, Roger F. Dierking, Portland, Or., for plaintiffs-appellants.

Robert M. Atkinson, Salem, Or., for defendants-appellees.

Felicia L. Chambers, U.S. Dept. of Justice, Washington, D.C., for federal-appellee.

Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges.


KILKENNY, Senior Circuit Judge:

This appeal arises out of a challenge to the constitutionality of a social welfare program that does not mandate immediate notice to the putative fathers of children whose mothers apply for benefits under that program. The questions presented for review are whether the district court erred by dismissing the complaint as against the federal defendant for lack of any federal action, and against the state defendants by virtue of the doctrine...

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