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GONZALES v. SHEA

Civ. A. Nos. C-1920, C-2066.

318 F.Supp. 572 (1970)

Juana Perez GONZALES, Ramon Vargas and Narcissa Vargas, individually and on behalf of all persons similarly situated, Plaintiffs, v. Con F. SHEA, individually and as Director of the Colorado Department of Social Services, Charline J. Birkins, individually and as Director of the Colorado State Division of Public Welfare, Peter Samac, Ernest J. Bloedorn, Damian P. Ducy, John L. Haley, James A. Henderson, Gail F. Ouren, Henry J. Tupper, Willie E. Anthony, James H. Vincent, individually and as constituting the Colorado State Board of Social Services, 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, and all other persons similarly situated, Defendants. Soledad NAVA and Francisca Ayala, individually and on behalf of all persons similarly situated, Plaintiffs, v. Con F. SHEA, individually and as Director of the Colorado Department of Social Services, Charline J. Birkins, individually and as Director of the Colorado State Division of Public Welfare, Peter Samac, Ernest J. Bloedorn, Damian P. Ducy, John L. Haley, James A. Henderson, Gail F. Ouren, Henry J. Tupper, Willie E. Anthony, James H. Vincent, individually and as constituting the Colorado State Board of Social Services, William R. Maddock, individually and as Supervisor of the Adult Services and Medical Division of the Pueblo County Department of Public Welfare, Robert N. Trunk, individually and as Supervisor of the Eligibility Division of the Pueblo County Department of Public Welfare, and James H. Walch, individually and as Director of the Pueblo County Department of Public Welfare, and all other persons similarly situated, Defendants.

United States District Court, D. Colorado.

October 9, 1970.

Attorney(s) appearing for the Case

Richard F. Hennessey, Kim B. Batcheller, Ruthanne Polidori, Robert P. Vogel, Legal Aid Society of Metropolitan Denver, Denver, Colo., A. Andrew Borg, Colorado Rural Legal Services, Inc., Greeley, Colo., Robert P. Borsody, Center on Social Welfare Policy and Law, New York City, of counsel, for plaintiffs Gonzales and others.

Albert G. Davis, Theron Pray O'Connor, Pueblo County Legal Services, Inc., Pueblo, Colo., for plaintiffs Nava and others.

Frank A. Elzi, Asst. City Atty., Denver, Colo., for defendants Bernard Valdez and Orlando Romero.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., by Douglas D. Doane, Special Asst. Atty. Gen., Denver, Colo., for defendants Con F. Shea, Charline J. Birkins, and members of Colorado State Board of Social Services.

Edwin K. McMartin, Pueblo, Colo., for defendants William R. Maddock and James H. Walch.

Robert N. Trunk, pro se.

Before BREITENSTEIN, Senior Circuit Judge, and ARRAJ and DOYLE, District Judges.

MEMORANDUM OPINION AND ORDER

DOYLE, District Judge.

Involved herein is the question of constitutionality of the Colorado Old Age Pension amendment. The basis for the attack is its requirement of United States citizenship. The plaintiffs, who are noncitizens of the United States, maintain that this amendment is discriminatory and invalid under the Fourteenth Amendment of the Constitution of the United States. United States citizenship is an absolute requirement...

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