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ROSAS v. McMAHON

Nos. 89-15525, 89-15443 and 89-15542.

945 F.2d 1469 (1991)

Abel ROSAS, Adrian Rosas; Isaac Rosas, By and Through their guardian ad litem Margarita Perez; Donna Roraff; Sandra Marshall, on Behalf of themselves and all others similarly situated; and Welfare Rights Organization of San Diego, Inc., Plaintiffs-Appellants, v. Linda McMAHON, Director of the Social Services of the State of California, Defendant-third-party-plaintiff-Appellee, Louis W. Sullivan, M.D., Secretary of Department of Health and Human Services, Third-party-defendant-Appellee. Abel ROSAS, Adrian Rosas; Isaac Rosas, By and Through their guardian ad litem Margarita Perez; Donna Roraff; Sandra Marshall, on Behalf of themselves and all others similarly situated; and Welfare Rights Organization of San Diego, Inc., Plaintiffs-Appellees, v. Linda McMAHON, Director of the Social Services of the State of California, Defendant-third-party-plaintiff-Appellant, Louis W. Sullivan, M.D., Secretary of Department of Health and Human Services, Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1991.

Attorney(s) appearing for the Case

Anson B. Levitan and Carol R. Bracy, San Diego, Cal., for plaintiffs-appellants.

Robert D. Newman, Western Center on Law & Poverty, Los Angeles, Cal., for appellees-appellants.

John Klee, Jr., Deputy Atty. Gen., Oakland, Cal., for appellant-appellee.

Bruce G. Forrest, U.S. Dept. of Justice, Washington, D.C., for appellee-appellant.

Before SCHROEDER and CANBY, Circuit Judges, and RONALD S.W. LEW, District Judge.

CANBY, Circuit Judge:

This class action was brought by California welfare recipients whose benefits were reduced as a result of changes in controlling federal and state statutes. Because of administrative delays in implementing the reductions, many recipients were ultimately subjected not only to a reduction in future monthly benefits, but to recoupment of overpayments received during the period of delay.

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