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ANNETTE B. v. HOLDER

Civ. A. No. 80-168-N.

494 F.Supp. 814 (1980)

ANNETTE B. on behalf of herself and her two infant children, Plaintiff, v. Pam HOLDER, Director of the Lauderdale County Department of Pensions and Security; Gary Cooper, Commissioner of the Alabama Department of Pensions and Security; Lamar Lott, Director of the Bureau of Public Assistance of the Alabama Department of Pensions and Security; and Patricia Harris, Secretary of the U. S. Department of Health, Education and Welfare, Defendants.

United States District Court, M. D. Alabama, N. D.

July 15, 1980.

Attorney(s) appearing for the Case

Legal Services Corp. of Alabama, Lawrence F. Gardella, Montgomery, Ala., Legal Services Corp. of Alabama, H. Floyd Sherrod, Jr., Florence, Ala., for plaintiff.

Charles A. Graddick, Atty. Gen. of Alabama, Montgomery Ala., Mary Lee Stapp, Clyde P. McLendon, Jamie L. Pettigrew, Roger J. Burnett, Asst. Attys. Gen., State Dept. of Pensions & Sec., Montgomery, Ala., for defendants Holder, Cooper and Lott.

Barry E. Teague, U. S. Atty., Susan Bevill, Asst. U. S. Atty., Montgomery Ala., Judith S. Scolnick, Asst. Atty. Gen., Federal Program Branch, Civil Division, Dept. of Justice, Washington, D. C., and Lewis K. Wise and Judith F. Ledbetter, Dept. of Justice, Washington, D. C., for defendant Harris.

MEMORANDUM OPINION

HOBBS, District Judge.

This action is brought by a welfare recipient to challenge the action of the Alabama Department of Pensions and Security which denied benefits to her two minor children on the ground that both parents of these children live in the household with the children. Plaintiff Annette B. unsuccessfully requested a hearing at which she sought to prove that her husband is not the parent of either of her two children and, therefore...

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