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SILVA v. SPIRITO

Civ. A. No. 82-2498-G.

566 F.Supp. 228 (1983)

Esilda SILVA et al., Plaintiffs, v. Thomas H. SPIRITO, Commissioner of the Department of Public Welfare, Defendant and Third-Party Plaintiff, v. Margaret M. HECKLER, Secretary of Department of HHS, Third-Party Defendant.

United States District Court, D. Massachusetts.

June 16, 1983.

Attorney(s) appearing for the Case

Charles K. Mone, Asst. U.S. Atty., Boston, Mass., Marta W. Berkley, Dept. of Justice, Civ. Div., Washington, D.C., for the U.S.

H. Reed Witherby, Asst. Atty. Gen., Government Bureau, Boston, Mass., for defendant and third-party plaintiff.

Bernard Saklad, Fall River, Mass., for Esilda Silva.

GARRITY, District Judge.

This case is before the court on the third party defendant's motion to dismiss. The parties presented oral arguments and filed several memoranda of law, some in response to the Court's procedural order of March 10, 1983.

Plaintiffs are recipients of welfare benefits pursuant to the Aid to Families with Dependent Children (AFDC) program in Massachusetts. Plaintiffs originally brought a petition for review against the Commissioner of...

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