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UDINA v. WALSH

No. 76-577C(4).

440 F.Supp. 1151 (1977)

Peggy J. UDINA, Individually and on behalf of her two (2) minor children, Sandra Udina and Danny Udina, Plaintiffs, v. James WALSH, Individually and as Director of the Missouri Department of Social Services, Phyllis Reser, Individually and as Director of the Missouri Division of Family Services, Paul Nelson, Individually and as Director of the St. Louis City Office of the Missouri Division of Family Services, Virginia Allen, Individually and as Director of St. Louis County Office of Missouri Division of Family Services, Defendants.

United States District Court, E. D. Missouri, E. D.

As Amended November 29, 1977.

Attorney(s) appearing for the Case

Stuart R. Berkowitz, Shirley Allen, Walter W. Heiser, The Legal Aid Society of the City & County of St. Louis, St. Louis, Mo., for plaintiffs.

Tom Fulkerson and Robert Northcutt, Missouri Division of Family Services, Jefferson City, Mo., for defendants.

MEMORANDUM

NANGLE, District Judge.

Plaintiffs brought this suit, pursuant to 28 U.S.C. §§ 1331 and 1343, seeking injunctive and declaratory relief. Plaintiffs contend that § 208.010-2(1)(a) and (b), R.S.Mo. (1974) is inconsistent with the federal Social Security Act, 42 U.S.C. § 601 et seq. and is therefore invalid under the Supremacy Clause of the United States Constitution. Additionally, plaintiffs contend that the statute violates...

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