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SMITH v. REYNOLDS

Civ. A. No. 42419.

277 F.Supp. 65 (1967)

Juanita SMITH, Individually, and by her, her minor children, John Smith, Tabitha Miller, Sophia Paynter, William Paynter, Voncell Paynter, on behalf of themselves and all others similarly situated v. Roger A. REYNOLDS, Mayer I. Blum, Herbert R. Cain, Jr., Katherine M. Kallick, Rosalie Klein, Alfred J. Laupheimer, Edward O'Malley, Jr., Norman Silverman, Julia L. Rubel, constituting the Philadelphia County Board of Assistance, William P. Sailer, its Executive Director, Max D. Rosenn, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, William C. Sennett, Attorney General of the Commonwealth of Pennsylvania.

United States District Court E. D. Pennsylvania.

Probable Jurisdiction Noted March 4, 1968.

Attorney(s) appearing for the Case

Thomas K. Gilhool, Mark K. Joseph, Philadelphia, Pa., for plaintiffs, Paul Bender, David H. Wice, Philadelphia, Pa., Edward V. Sparer, Jonathan Weiss, New York City, of counsel.

Edgar R. Casper, Deputy Atty. Gen., Edward Friedman, Counsel General, William C. Sennett, Atty. Gen., Harrisburg, Pa., for defendants.

Before HARRY E. KALODNER, Circuit Judge, and MICHAEL H. SHERIDAN, and JOSEPH S. LORD, III, District Judges.

Probable Jurisdiction Noted March 4, 1968. See 88 S.Ct. 1054.

OPINION

JOSEPH S. LORD, III, District Judge.

This class action challenges the constitutional validity of a Pennsylvania statutory provision which requires applicants for public welfare to have resided in the State for a period of one year immediately preceding the date of application for assistance. The members of the class are citizens of the United States and bona fide residents of Pennsylvania...

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