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RAMOS v. MONTGOMERY

No. 69-259-K.

313 F.Supp. 1179 (1970)

Kathleen RAMOS, a minor, by her mother Marcella Mason, as next friend, Marcella Mason, individually, and on behalf of three other minor children residing with her, and Della Morales, individually, Plaintiffs, v. John C. MONTGOMERY, individually, and as Director of the Department of Social Welfare of the State of California, and H. E. Detrich, individually, and as Director of the Department of Social Welfare for the County of San Diego, California, Defendants.

United States District Court, S. D. California.

June 4, 1970.

Attorney(s) appearing for the Case

David H. Getches, Robert S. Pelcyger, California Indian Legal Services, Escondido, Cal., for plaintiffs.

Thomas C. Lynch, Atty. Gen., William L. Zessar, Deputy Atty. Gen., and Bertram McLees, Jr., County Counsel, by Lloyd M. Harmon, Jr., Deputy Co. Counsel, San Diego County, San Diego, Cal., for defendants.

Before CARTER, Circuit Judge, and POWELL and SCHWARTZ, District Judges.

OPINION

POWELL, District Judge.

This action seeks to compel an adjustment upward of welfare payments. Plaintiffs move for an injunction to compel the California Department of Welfare to make payments to natural parents in the same amount as is paid for the care of children in foster homes.1 Defendants have moved to dismiss the complaint. Since there is no genuine issue of fact involved we consider both motions together.

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