TELLO v. McMAHON

No. CIV. S-86-0532 LKK.

677 F.Supp. 1436 (1988)

Sheila TELLO and Albert Merrill, Plaintiffs, v. Linda McMAHON, in her capacity as Director of the California Department of Social Services; and Jessie R. Huff, in his capacity as Director of the Department of Finance, Defendants.

United States District Court, E.D. California.

January 29, 1988.


Attorney(s) appearing for the Case

John K. Van de Kamp, Atty. Gen., Dennis Eckhart, Deputy Atty. Gen., Sacramento, Cal., for defendants.

Edward Barnes, Legal Aid Society of Alameda County, Oakland, Cal., James Stoepler, Napa County Legal Assistance Agency, Napa, Cal., Mark Greenberg, Western Center on Law and Poverty, Los Angeles, Cal., Timothy J. Casey, Mary R. Mannix, Center on Social Welfare Policy and Law, New York City, Charles Greenfield, Legal Aid Society of Santa Clara County, San Jose, Cal., for plaintiffs.


ORDER

KARLTON, Chief Justice.

Plaintiffs in this class action challenge California's policy of reducing assistance to working recipients of Aid to Families With Dependent Children ("AFDC") as a penalty for filing an "untimely" report of earnings. Plaintiffs assert that the State's policy is based on an erroneous interpretation of a federal statute. The parties stipulated to undisputed facts and filed cross-motions for summary judgment, whereupon the court...

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