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WYNN v. INDIANA STATE DEPARTMENT OF PUBLIC WELFARE

Civ. No. 69 F 76.

316 F.Supp. 324 (1970)

Mrs. Robbie WYNN et al., Plaintiffs, v. INDIANA STATE DEPARTMENT OF PUBLIC WELFARE et al., Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

July 20, 1970.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Norman P. Metzger, Legal Services Program, Fort Wayne, Ind., for plaintiffs.

Robert H. Berning, Fort Wayne, Ind., for Board of Directors of Allen County Dept. of Public Welfare.

Robert A. Zaban, Deputy Atty. Gen., for Indiana Dept. of State Public Welfare.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, District Judge.

This suit essentially involves a non-constitutional challenge to a state welfare law and regulation based upon their alleged inconsistency with an Act of Congress. It is before this court upon the state and local welfare defendants' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. Plaintiffs allege a cause of action...

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