MALLOY v. EICHLER

Nos. 88-3094, 88-5149.

860 F.2d 1179 (1988)

Brenda MALLOY and Nereida Gutierrez, on their own behalf and as parents and next friends of Curtis Malloy, Timothy Malloy and William Gutierrez, their minor children, and Carolyn Marsh and Esperanza Rodriquez, et al. v. Thomas EICHLER, in his official capacity as the Secretary of the Delaware Department of Health and Social Services, and Phyllis Hazel, in her official capacity as Director of the Department's Division of Economic Services, et al. Appeal of SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES of the United States of America, in No. 88-3094. Maria ROSADO, Priscilla Golden, Angelica Saldana, Sharon Thomas, Norma Taylor, Nydia Cruz, each individually and on behalf of their respective plaintiff minor children and on behalf of all other persons in New Jersey similarly situated v. Otis R. BOWEN, Secretary of Health and Human Services, and Gregory S. Perselay, Acting Commissioner of the New Jersey Department of Human Services. Appeal of Otis R. BOWEN, Secretary of Health and Human Services, in No. 88-5149.

United States Court of Appeals, Third Circuit.

Decided October 25, 1988.


Attorney(s) appearing for the Case

Beverley Dennis, III, Chief Counsel, Region III, James C. Newman, Supervisory Asst. Regional Counsel, Javier A. Arrastia, Asst. Regional Counsel, Dept. of Health & Human Services, Philadelphia, Pa., William C. Carpenter, U.S. Atty., Kent A. Jordan, Asst. U.S. Atty., D. Del., Wilmington, Del., Samuel A. Alito, Jr., U.S. Atty., Cornelia E. Dude, Asst. U.S. Atty., D. N.J., Newark, N.J., for appellant.

Harris David, Legal Services of New Jersey, New Brunswick, N.J., Richard Foard, Michaelene Loughlin, Essex-Newark Legal Services ACLU of New Jersey, Newark, N.J., Jack Fitzgerald, Warren County Legal Services, Belvidere, N.J., for appellees.

Before HIGGINBOTHAM, BECKER and ROSENN, Circuit Judges.


Submitted Pursuant to Third Circuit Rule 12(6) July 18, 1988.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is a consolidated appeal from the judgments in two separate class actions, Malloy v. Eichler, 628 F.Supp. 582 (D.Del.1986), reprinted in Joint Appendix (hereinafter Jt.App.) at 6, and Rosado v. Bowen, 698 F.Supp. 1191 (D.N...

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