Cleo Johnson v. John Harder

Cleo JOHNSON Et Al., Plaintiffs-Appellees, v. John HARDER, Defendant-Appellant

Cleo Johnson v. Harder, 512 F.2d 1188 (2d Cir. 1975)

Court: Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided: March 26, 1975
Docket: Nos. 598, Docket 74-2424
Judges: Kaufman, Smith, MacMahon
Citations: 512 F.2d 11881975 U.S. App. LEXIS 15466

Cited by 16 1 descriptions by later courts Original from court

Opinion — Per Curiam

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(provides analogy to present case)

Manfredi v. Maher, 435 F. Supp. 1106 (D. Conn. 1977)

Cited by 16 cases

View all citing references →

Relies on it most ⓘ

Lance v. Welfare Commissioner32 Conn. Supp. 628 (1975)
Robbins v. DeBuono218 F.3d 197 (2d Cir. 2000)
Lance v. Welfare Commissioner350 A.2d 777 (Conn. Super. Ct. 1975)
Robbins v. Debuono218 F.3d 197 (2d Cir. 2000)
Wojchowski v. Daines498 F.3d 99 (2d Cir. 2007)
Riddick ex rel. Riddick v. D'Elia626 F.2d 1084 (2d Cir. 1980)

Most recent

Wojchowski v. Daines498 F.3d 99 (2d Cir. 2007)
Robbins v. Debuono218 F.3d 197 (2d Cir. 2000)
Robbins v. DeBuono218 F.3d 197 (2d Cir. 2000)
Krider v. Bryant-Banks682 So. 2d 876 (La. Ct. App. 1996)
Fransen v. Iowa Department of Human Services376 N.W.2d 903 (Iowa 1985)
Cunningham v. Toan728 F.2d 1101 (8th Cir. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Philpott v. Essex Cnty. Welfare Bd., 409 U.S. 413 (1973)	336
	Johnson v. Harder, 383 F. Supp. 174 (D. Conn. 1974)	26

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