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WILSON v. WEAVER

No. 72 C 1960.

358 F.Supp. 1147 (1973)

Sylvia WILSON, Individually and on behalf of her unborn child and on behalf of all others similarly situated, Plaintiffs, v. Edward T. WEAVER, Director, Illinois Department of Public Aid, and David L. Daniel, Director, Cook County Department of Public Aid, Defendants.

United States District Court, N. D. Illinois, E. D.

Supplemental Opinion May 23, 1973.

Attorney(s) appearing for the Case

Sheldon H. Roodman, Lorelei Burland, Legal Aid Society, Chicago, Ill., for plaintiffs.

William J. Scott, Atty. Gen., Herbert L. Caplan, Asst. Atty. Gen., Bernard Carey, State's Atty. of Cook County, Fredric Weinstein, Asst. State's Atty., Chicago, Ill., for defendants.

Brief of amicus curiae filed on behalf of the Dept. of Health, Education and Welfare.

MEMORANDUM OPINION AND JUDGMENT ORDER

AUSTIN, District Judge.

Plaintiffs seek declaratory and injunctive relief against the policy of the Illinois Department of Public Aid, which denied benefits claimed on behalf of an unborn child under the Aid to Families with Dependent Children ("AFDC") Program. Jurisdiction is predicated upon 28 U.S.C. §§ 1343(3) and (4), 2201, and 2202 (1970). Because this case can properly be decided on the basis of the Supremacy...

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