U.S. Court of Appeals for the Second Circuit, 1975

Cleo Johnson v. John Harder

U.S. Court of Appeals for the Second Circuit · Decided March 26, 1975 · Kaufman, Smith, MacMahon

512 F.2d 1188; 1975 U.S. App. LEXIS 15466 (Federal Reporter, Second Series)

Counsel

Francis J. MacGregor, Asst. Atty. Gen., Hartford, Conn. (Robert K. Killian, Atty. Gen., on the brief), for defendant-appellant., Norman J. Johnson, Waterbury, Conn. (Waterbury Legal Aid, on the brief), for plaintiffs-appellees.

Cases that cite this one

19 later published cases cite this decision.

Lance v. Welfare Commissioner (Pennsylvania Court of Common Pleas 1975)
Robbins v. DeBuono (2d Cir. 2000)
Lance v. Welfare Commissioner (Connecticut Superior Court 1975)
Robbins v. Debuono (2d Cir. 2000)
Wojchowski v. Daines (2d Cir. 2007)
Riddick v. D'elia (2d Cir. 1980)
Riddick ex rel. Riddick v. D'Elia (2d Cir. 1980)
Krider v. Bryant-Banks (La. Ct. App. 1996)
Fransen v. Iowa Department of Human Services (Iowa 1985)
Cunningham v. Toan (8th Cir. 1984)
Cunningham v. Toan (8th Cir. 1984)
PEGGY SM v. State (Me. 1979)
Peggy S. M. ex rel. John Boy M. v. State (Me. 1979)
State v. County of Hudson (N.J. Super. Ct. App. Div. 1978)
State v. County of Hudson (N.J. Super. Ct. App. Div. 1978)
Manfredi v. Maher (United States District Court for the District of Connecticut 1977)
National Welfare Rights Organization v. F. David Mathews, Secretary of the Department of Health, Education and Welfare (D.C. Cir. 1976)
Powell v. Austin (District Court, E.D. Virginia 1976)
Robert A. McAuliffe v. Adolf G. Carlson, Commissioner of Finance and Control of the State Ofconnecticut (2d Cir. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

This ease was affirmed in open court. In order to afford our decision precedential value, 1 however, and conclusively to resolve this issue within our circuit, we issue this brief per curiam. For the reasons stated by Chief Judge Kaufman in open court, 2 we affirm on Judge Blumenfeld’s opinion below, 383 F.Supp. 174 (D.Conn. 1974).

. Rule § 0.23 of the United States Court of Appeals for the Second Circuit provides in pertinent part:

Where a decision is rendered from the bench, the court may deliver a brief oral statement. . . . Since these statements do not constitute formal opinions of the court and are unreported and not'uniformly available to all parties, they shall not be cited or otherwise used in unrelated cases before this or any other court.

. The statement delivered from the bench was as follows:

We agree with Judge Blumenfeld that the Connecticut regulations conflict with the federal scheme for providing OASDI benefits. The federal statutes and regulations, taken in conjunction with Philpott v. Essex County Welfare Board, 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973), evidence a clear intention that OASDI funds be used for the beneficiary’s needs, as he or his representative payee may best determine. It would subvert this scheme to permit a state to automatically treat such benefits as available for the needs of a parent or of other children. We are buttressed in our opinion by the interpretive letter written by John Costa, the administrative official charged with interpreting the OASDI provisions, whose views are entitled to great weight. Accordingly, we affirm on Judge Blumenfeld’s opinion below.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.