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ROSAS BY AND THROUGH PEREZ v. McMAHON

No. C-87-1143-CAL.

700 F.Supp. 467 (1988)

Abel ROSAS, Adrian Rosas, and Isaac Rosas By and Through their guardian ad litem Margarita PEREZ, Donna Roraff, and Sandra Marshall, on behalf of themselves and all others similarly situated, and the Welfare Rights Organization of San Diego, Inc., v. Linda McMAHON, Director, California Department of Social Services, Defendant and Third-Party Plaintiff, v. Otis R. BOWEN, M.D., Secretary, United States Department of Health and Human Services, Third-Party Defendant.

United States District Court, N.D. California.

June 22, 1988.

Attorney(s) appearing for the Case

Brenton Rogozen, Charles Greenfield, Legal Aid Soc. of Santa Clara County, San Jose, Cal., Carol Ratsamy Bracy, Anson B. Levitan, Colleen Fahey Fearn, Peter M. Liss, Legal Aid Soc. of San Diego, Inc., San Diego, Cal., Robert D. Newman, Mark Greenberg, Western Center on Law and Poverty, Los Angeles, Cal., for plaintiffs.

John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for defendant and third party plaintiff.

OPINION AND ORDER FOR SUMMARY JUDGMENT

LEGGE, District Judge.

Plaintiffs are a class of California residents who received benefits under the Aid to Families with Dependent Children ("AFDC") program during 1985. For several months of that year, as a result of then-recent changes in the AFDC statutes, plaintiffs received benefits in an amount greater than that to which they were entitled. Defendant California Department of Social Services ("DSS") is recovering...

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