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MACIAS v. FINCH

No. 50956.

324 F.Supp. 1252 (1970)

Juan C. MACIAS et al., Plaintiffs, v. Robert H. FINCH et al., Defendants.

United States District Court, N. D. California.

January 5, 1970.

Attorney(s) appearing for the Case

Don B. Kates, Jr., Peter D. Coppelman, Gilroy, Cal., Robert L. Gnaizda, Martin R. Glick, Daniel Hays Lowenstein, Lucy McCabe, Steven J. Antler, Peter E. Sitkin, San Francisco, Cal., for plaintiffs.

Thomas C. Lynch, Atty. Gen., Elizabeth Palmer, Gerald F. Canveras, Deputy Attys. Gen., San Francisco, Cal., for defendant John C. Montgomery.

Cecil F. Poole, U. S. Atty., William B. Spohn, Asst. U. S. Atty., San Francisco, Cal., for defendant Robert H. Finch, Secretary, Dept. of Health, Education & Welfare.

John R. Kennedy, County Counsel, Nordin F. Blocker, Deputy County Counsel, San Jose, Cal., for defendant Frederick B. Gillette.

Before DUNIWAY, Circuit Judge, and SWEIGERT and PECKHAM, District Judges.

DUNIWAY, Circuit Judge:

The defendants in this action have filed a motion to dismiss it. The federal defendant, Robert H. Finch, Secretary of the United States Department of Health, Education, and Welfare, raises both jurisdictional and substantive contentions. The other defendants—John C. Montgomery, Director of the California Department of Social Welfare, and Frederick B. Gillette, Director of the Santa Clara County Public Welfare Department—contend...

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