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MARLIN v. McCORKLE

117 N.J. Super. 465 (1971)

285 A.2d 73

EMMOGEANNA MARLIN, APPELLANT, v. LLOYD W. McCORKLE, COMMISSIONER, ETC., ET AL., RESPONDENTS. CONSTANCE HOLMES, APPELLANT, v. LLOYD W. McCORKLE, COMMISSIONER, ETC., ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1971.

Attorney(s) appearing for the Case

Mr. Robert Frank argued the cause for appellants (Mr. Eugene Rosner, of counsel and Union County Legal Services, on the brief).

Mrs. Virginia Long Annich, Deputy Attorney General, argued the cause for respondents Lloyd W. McCorkle, Commissioner of Institutions and Agencies, and Irving J. Engelman, Director, Division of Public Welfare (Mr. George F. Kugler, Jr., Attorney General of New Jersey; Mr. Daly D.E. Temchine, Deputy Attorney General, on the brief).

Before Judges COLLESTER, MINTZ and LYNCH.

PER CURIAM.

In these two cases, consolidated on appeal, the respective plaintiffs appeal from fair hearing decisions of the Division of Public Welfare (Division), Department of Institutions and Agencies. Their sole contention is that N.J.S.A. 44:7-32 is unconstitutional as applied to Aid to Dependent Children (ADC) recipients.

Each plaintiff was a recipient of assistance under the ADC program. Their assistance grants were terminated by the Union County...

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