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ROCHESTER v. WHITE

No. 73-2104.

503 F.2d 263 (1974)

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, Appellants, v. Jack D. WHITE, Secretary of Health and Social Services, Individually and in his official capacity, and Miklos T. Lazar, Director of Social Services, Individually and in his official capacity, Defendants, Third-Party Plaintiffs, v. Caspar W. WEINBERGER, United States Secretary of Health, Education and Welfare and Francis D. DeGeorge, Administrator, Social and Rehabilitation Service, United States Department of Health, Education and Welfare, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided September 5, 1974.

Attorney(s) appearing for the Case

Peter M. Siegel, Community Legal Aid Society; Wilmington, Del., for appellants.

Kent Walker, State Sol., Dept. of Justice, Wilmington, Del., for appellees.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case raises jurisdictional issues under 28 U.S.C. § 1343(3) (1970)1 and 42 U.S.C. § 1983 (1970)2 and the Eleventh Amendment. The district court granted defendant-appellee's motion for summary judgment holding that a state official was not a "person" under Section 1983 and, that as such, there was no jurisdiction in the court to...

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