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WAGGONER v. ROSENN

Civ. A. No. 9841.

286 F.Supp. 275 (1968)

Leila WAGGONER, Individually and Lenore Marie Waggoner, Anita Diane Waggoner, Susan Elaine Waggoner, Theresa Anne Waggoner, Ronald James Waggoner, Jamie Leah Waggoner, and Sharon Michelle Waggoner, by Leila Waggoner, their mother and next friend, all of Pittsburgh, Pennsylvania, individually and on behalf of all others similarly situated, Plaintiffs, v. Max ROSENN, Secretary of Public Welfare of the Commonwealth of Pennsylvania, Defendant.

United States District Court M. D. Pennsylvania.

January 29, 1968.

Attorney(s) appearing for the Case

H. David Rothman, Robert D. Repasky, Pittsburgh, Pa., for plaintiff.

William Sennett, Atty. Gen., of Pa., Edgar R. Casper, Deputy Atty. Gen. of Pa., Edward Friedman, Counsel Gen., Harrisburg, Pa., for defendant.

Before KALODNER, Circuit Judge, SHERIDAN, Chief Judge, and FOLLMER, District Judge.

OPINION

KALODNER, Circuit Judge.

In this class action plaintiffs challenge the constitutionality of the one-year residency requirement imposed by Section 432(6) of the Pennsylvania Public Welfare Code, Act of June 13, 1967 P.L. ___ (Act No. 21), as a condition of eligibility for public assistance grants to needy families with children.1 They urge that the stated residency requirement (1) denies them due process, and equal protection...

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