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ELKIN ET AL. v. DEPT. OF PUBLIC WELFARE

Nos. 1283 and 2291 C.D. 1979.

53 Pa.Commw. 554 (1980)

Linda Elkin et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Margaret Goldstein et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

August 27, 1980.

Attorney(s) appearing for the Case

Kathleen Herzog Larkin, Blank, Rome, Comisky & McCauley, for petitioners.

Mary Frances Grabowski, Assistant Attorney General, for respondent.

Joseph M. Hankins, Duane, Morris & Heckscher, for Amicus Curiae, Kensington-Kingstowne Child Care Center.

John S. Bevan, Duane, Morris & Heckscher, for Amicus Curiae, Associated Day Care Center, Inc.

Argued May 6, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG and WILLIAMS, JR. Judge MacPHAIL did not participate.

OPINION BY JUDGE BLATT, August 27, 1980:

The petitioners in these consolidated cases are two groups of parents of pre-school children who are appealing from an order of the Department of Public Welfare (DPW) which terminated in part their eligibility for financial assistance for their children's day-care program at the Paley Day Care Center in Philadelphia.

The petitioners had been receiving federal assistance for this program participation pursuant to Title...

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