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BANNER v. SMOLENSKI

Civ. A. No. 69-1053-G.

315 F.Supp. 1076 (1970)

Ruth BANNER, individually and on behalf of her children, William, Denise, Guy, Michele, Priscilla and Paul; and Irene Sheppard, on behalf of Anthony, Glen and Valerie; and on behalf of all others similarly situated, etc. v. Eugene SMOLENSKI, Admr. N. B. Regional Office, Dept. of Welfare, Robert F. Ott, Commr. of Welfare, Ruth M. Rusher, Director, etc., Lilly Kelosis, Social Worker, etc., and Edmund H. Kelleher, Supervisor of Appeals, Dept. of Welfare.

United States District Court, D. Massachusetts.

August 7, 1970.

Attorney(s) appearing for the Case

Richard A. Seid, Doug Hyde, Dorchester, Mass., Paula Gold, Boston, Mass., for plaintiff.

James J. Marcellino, Asst. Atty. General, Dept. of HEW, Boston, Mass., for defendant.

MEMORANDUM AND ORDERS ON PENDING MOTIONS

GARRITY, District Judge.

This is an action brought under 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3). Plaintiffs seek both declaratory and injunctive relief against defendants, the Commissioner of the Department of Public Welfare for Massachusetts, and various other officials within that Department. A number of motions are presently before the court, including: (1) two separate...

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