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BAXTER v. BIRKINS

Civ. A. No. 67-C-541.

311 F.Supp. 222 (1970)

Annette L. BAXTER, individually and on behalf of her minor children Sheramites Noel, Willie M. Baxter and Sharon Baxter, Plaintiffs, v. Charline J. BIRKINS, individually and as Director of the Colorado State Department of Public Welfare, James L. Treece, Frank D. Allen, Roy A. Davis, Damian P. Ducy, Lorna Hart, Glenn Sheriff, Henry J. Tupper, Peter Samac and Dr. James A. Henderson, individually and as constituting the Colorado State Board of Public Welfare, Bernard Valdez, individually and as Manager of the Denver Department of Welfare of the City and County of Denver, Orlando Romero, individually and as Director of the Denver Department of Welfare of the City and County of Denver, Defendants.

United States District Court, D. Colorado.

March 19, 1970.

Attorney(s) appearing for the Case

Richard F. Hennessey, Jr., Howard I. Rosenberg and James E. Seckinger, Denver, Colo., for plaintiffs.

Douglas D. Doane, Sp. Asst. Atty. Gen., Denver, Colo., for Charline J. Birkins, individually and as Director of the Colorado State Dept. of Public Welfare, and the Colorado State Bd. of Public Welfare and the members individually and as constituting the Board.

Frank A. Elzi, Denver, Colo., for Bernard Valdez and Orlando Romero, individually and respectively as Manager and Director of the Denver Dept. of Welfare of the City and County of Denver.

Before LEWIS, Circuit Judge, and ARRAJ and DOYLE, District Judges.

MEMORANDUM OPINION AND ORDER

ARRAJ, District Judge.

This action was instituted by plaintiffs on November 14, 1967 asking this Court to determine the constitutionality of the Colorado statute which imposes a requirement of residency of one year as a condition to receipt of welfare assistance in the form of Aid to Dependent Children. In addition to this declaratory relief plaintiffs have asked for an injunction prohibiting enforcement of the statute and for...

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