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DOE v. FLOWERS

Civ. A. Nos. 70-101-E, 72-6-E.

364 F.Supp. 953 (1973)

Mrs. Mary DOE, Individually, and on behalf of her minor dependent children and in behalf of all others similarly situated, Plaintiff, v. Edwin FLOWERS, Commissioner of the West Virginia Department of Welfare, Defendant. Jane DOE, Individually, and on behalf of her infant children, Helen, et al., Plaintiffs, v. Edwin F. FLOWERS, Commissioner of the West Virginia Department of Welfare, Individually and in his official capacity, Defendant.

United States District Court, N. D. West Virginia, Elkins Division.

Decided October 19, 1973.

Attorney(s) appearing for the Case

M. E. Mowery, Jr., Fairmont, W.Va., and Larry V. Starcher, Morgantown, W. Va., for plaintiffs in No. 70-101-E.

Naomi W. Cohen, Charleston, W.Va., for plaintiff in No. 72-6-E.

James G. Angerson, III, Sp. Asst. Atty. Gen., Charleston, W.Va., for defendants in Nos. 70-101-E and 72-6-E.

Before BOREMAN, Senior Circuit Judge, FIELD, Circuit Judge, and MAXWELL, District Judge.

PER CURIAM:

These two class actions which were consolidated for hearing challenge the validity of Section 56242 of the West Virginia Department of Welfare Assistance Payments Manual.1 This regulation requires unmarried mothers of applicants and recipients of Aid to Families with Dependent Children to cooperate with the welfare authorities by identifying the putative fathers of the children and initiating support or paternity proceedings...

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