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ROCHESTER v. BAGANZ

Civ. A. No. 4265.

365 F.Supp. 179 (1973)

Aldine ROCHESTER, Individually and on behalf of her minor child; Rose Gibson, Individually and on behalf of her seven minor children; Individually and on behalf of all others similarly situated, Plaintiffs, v. Herbert M. BAGANZ, Secretary of Health and Social Services, Individually and in his official capacity; and Jack B. White, Director of Social Services, Individually and in his official capacity, Defendants, Third Party Plaintiffs, v. Elliot L. RICHARDSON, United States Secretary of Health, Education and Welfare and John D. Twiname, Administrator, Social and Rehabilitation Service, United States Department of Health, Education and Welfare, Third Party Defendants.

United States District Court, D. Delaware.

October 1, 1973.

Attorney(s) appearing for the Case

John H. McDonald, Asst. U. S. Atty. and Ralph F. Keil, U. S. Atty., Wilmington, Del., and Susan Engelman, Dept. of Justice, Washington, D. C., for third party defendants.

Peter M. Siegel, Community Legal Aid Society, Inc., Wilmington, Del., for plaintiffs.

Kent Walker, State Sol., Wilmington, Del., for defendants, third party plaintiffs.

OPINION

STEEL, Judge:

The nature of this action is described in this Court's Opinion of January 14, 1972:

"Plaintiffs are eligible for public assistance under the Aid to Families with Dependent Children Program (AFDC). This program was established by the Social Security Act of 1935, 42 U.S.C. § 601, et seq. and has been adopted in Delaware. 31 Del.C. § 321 et seq. The defendants [initially were] Albert L. Ingram, Jr., Secretary of the...

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