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2d 788
Mrs. Theresa Saiz, appellant, has twice made application to the New Mexico
Department of Health and Social Services for benefits for her two children
under the Aid to Families with Dependent Children program as provided by the
Social Security Act of 1935, as amended, 42 U.S.C. Sec. 601 et seq. Mrs. Saiz'
older child is illegitimate. As a condition of eligibility for the AFDC benefits,
she was asked to supply certain information required by the Department's
Regulation 223.321.1 Mrs. Saiz refused to supply any of the information
required by the regulation and, solely as a result of this refusal, she was
declared ineligible to receive AFDC benefits on behalf of her children.
all other members of a class similarly situated. She attacks the constitutionality
of Regulation 223.321 as violative of her rights to privacy and equal protection.
She sought a permanent injunction against the enforcement of the assailed
regulation and requested the convening of a statutory three-judge court to hear
and decide the constitutional question and the prayer for injunctive relief.
3