REED v. HEALTH AND HUMAN SERVICES

Nos. 84-2167, 84-2168 and 84-2187.

774 F.2d 1270 (1985)

Ona Mae REED; Sallie Long; Ruth Wilcher; Opal Mae Cook; Stella King, and all others similarly situated, Appellees, v. HEALTH AND HUMAN SERVICES, Appellant, and William L. Lukhard, Commissioner of the Virginia Department of Welfare, Defendant. Ona Mae REED; Sallie Long; Ruth Wilcher; Opal Mae Cook; Stella King, and all others similarly situated, Appellees, v. HEALTH AND HUMAN SERVICES, Defendant, and William L. Lukhard, Commissioner of the Virginia Department of Welfare, Appellant. Ona Mae REED; Sallie Long; Ruth Wilcher; Opal Mae Cook; Stella King, and all others similarly situated, Appellants, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, William L. Lukhard, Commissioner of the Virginia Department of Welfare, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1985.


Attorney(s) appearing for the Case

Jill Hanken, Richmond, Va. (Virginia Poverty Law Center, Claire Curry, Charlottesville-Albemarle Legal Aid Society, Charlottesville, Va., Martin Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., Holly Peters, Legal Aid Society of Roanoke Valley, Roanoke, Va., John Saxon, Virginia Legal Aid Society, Danville, Va., on brief), for appellants.

Charlotte Hardnett, Asst. Regional Atty., Washington, D.C., Thomas J. Czelusta, Asst. Atty. Gen., Verona, Va. (Gerald L. Baliles, Atty. Gen., John A. Rupp, Sr. Asst. Atty. Gen., Richmond, Va., John P. Alderman, U.S. Atty., Roanoke, Va., Beverly Dennis, III, Regional Attorney, Philadelphia, Pa., on brief), for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and WARD, United States District Judge for the Middle District of North Carolina, sitting by designation.


JAMES DICKSON PHILLIPS, Circuit Judge:

This case is before us on cross-appeals from an order of the district court, 591 F.Supp. 1247 (D.C.Va.1984), enjoining the state defendant William Lukhard, Commissioner of the Virginia Department of Welfare, from treating compensation derived from personal injuries as income for the purposes of determining eligibility for Aid to Families with Dependent Children (AFDC) benefits but denying...

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