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SMITH v. VOWELL

Civ. A. No. SA-72-CA-285.

379 F.Supp. 139 (1974)

Benjamin Edward SMITH et al. v. Raymond W. VOWELL et al.

United States District Court, W. D. Texas, San Antonio Division.

June 27, 1974.

Attorney(s) appearing for the Case

Barry Snell, Stanley Dalton Wright, Melvin N. Eichelbaum, Bexar County Legal Aid Association, San Antonio, Tex., for plaintiffs.

Robert W. Gauss, Asst. Atty. Gen., Austin, Tex., for defendants.

William S. Sessions, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., San Antonio, Tex., John B. Rhinelander, Gen. Counsel, Dept. of Health, Ed. and Welfare, Washington, D. C., John M. Stokes, Regional Atty., office of Gen. Counsel, Dept. of Health, Ed. and Welfare, Dallas, Tex., for HEW.

OPINION

CLARY, Senior District Judge.

This is a class action brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4) seeking injunctive and declaratory relief pursuant to 28 U.S.C. § 2201 and § 2202 against the State of Texas and its Department of Public Welfare for their alleged failure to comply with the provisions of the Social Security Act of 1935, 42 U.S.C.A. §§ 1302, 1351 et seq. and 1396 et seq. and the regulations...

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