Beirne v. Mitchell

CROCKETT, Justice:

Plaintiffs Gloria Beirne and Lucille Lemke brought this action to compel the defendant, State Department of Social Services, (hereinafter Department) to continue to furnish them an extra amount in their welfare allowance for “special diet and restaurant meals.” The foundation of their complaint is that the Department had previously determined their need for such an allowance and had thereafter arbitrary discontinued it. On the basis of undisputed facts, the district court granted defendant’s motions for summary judgment rejecting plaintiffs’ contentions. They appeal.

The…