Legal Opinion

Tambe v. Bowen

District Court, W.D. New York

Decided June 23, 1987No. CIV-85-0539TPublishedCited by 13 opinions

1Opinion of the Court

DECISION and ORDER

TELESCA, District Judge.

Plaintiffs and defendants in this case have cross moved for summary judgment and the plaintiffs have moved for class certification. For the reasons that follow I find that the Federal and State welfare regulations that forbid payments to correct admitted underpayments of welfare to families no longer eligible for public assistance violate 42 U.S.C. § 602(a)(22). Therefore I award plaintiffs summary judgment. Since the defendants have applied these policies to approximately 44 former public assistance recipients and would apply these policies to…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Holley Ex Rel. McQuoid v. LavineDistrict Court, W.D. New York · 1979
  5. Blum v. HolleySupreme Court of the United States · 1980

3Cited by13 opinions

  1. Krasaundra Ward, Akilah Bittle, Denise Miller, Yecenia Rivera, Philomena Collins, Individually and on Behalf of All Others Similarly Situated v. Anne C. Clark, Jennifer Sherard, and Avery Fitzpatrick, Intervenors-Plaintiffs-Appellees v. Joyce Thomas, Commissioner, Connecticut Department of Social Services, United States Department of Health and Human Services, Third-Party-DefendantCourt of Appeals for the Second Circuit · 2000
  2. Edwards v. McMahonCourt of Appeals for the Ninth Circuit · 1987
  3. Turner v. McMahonCourt of Appeals for the Ninth Circuit · 1987
  4. Tambe v. BowenCourt of Appeals for the Second Circuit · 1988
  5. Tambe v. BowenCourt of Appeals for the Second Circuit · 1988

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