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BENO v. SHALALA

No. 93-16411.

30 F.3d 1057 (1994)

Deanna BENO; Susan Wiseman; Jody Baker; Janese Denise Bland; Reina Weight; Susan Clark; Tawab Popal, Plaintiffs-Appellants, v. Donna SHALALA, Secretary, United States Department of Health and Human Services; Mary Jo Bane, Assistant Secretary, Administration for Children and Families; Bruce Vladeck, Administrator, Health Care Financing Administration; Russell Gould, Secretary, California Health and Welfare Agency; Eloise Anderson, Director, California Department of Social Services; Thomas Hayes, Director, California Department of Finance, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Melinda Bird and Clare Pastore, Western Center on Law and Poverty, Los Angeles, CA, for plaintiffs-appellants.

Edward T. Swaine, U.S. Dept. of Justice, Washington, DC, for federal defendants-appellees; and Eileen Gray and Theodore Garelis, Deputy Attys. Gen., Sacramento, CA, for state defendants-appellees.

Vicki Michel, Pacific Center for Health Policy and Ethics, University of Southern California Law Center, Los Angeles, CA, for amicus.

Before: GOODWIN, NORRIS, O'SCANNLAIN, Circuit Judges.

Opinion by Judge GOODWIN; Dissent by Judge O'SCANNLAIN.

GOODWIN, Circuit Judge:

Plaintiffs, California residents who receive Aid to Families with Dependant Children ("AFDC"), appeal the denial of their request for a preliminary injunction enjoining California's public benefits experiment, 853 F.Supp. 1195. Plaintiffs object to a state-wide benefits cut enacted as part of an experimental work-incentive project and challenge...

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