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STATE EX REL. ELLIS v. HEIM

No. 9272.

488 P.2d 1207 (1971)

83 N.M. 103

STATE of New Mexico, ex rel. Alean ELLIS and Jeanine Caruso, on behalf of themselves and all others similarly situated, Petitioners-Appellees, v. Richard W. HEIM, Director of the New Mexico Department of Health and Social Services et al., Respondents-Appellants.

Supreme Court of New Mexico.

September 20, 1971.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Julia C. Southerland, Robert J. Laughlin, Sp. Asst. Attys. Gen., Santa Fe, for respondents-appellants.

Earl Wylie Potter, Santa Fe, Michael B. Browde, Albuquerque, for petitioners-appellees.

OPINION

COMPTON, Chief Justice.

This is an appeal from a judgment enjoining the New Mexico Department of Health and Social Services from reducing the percentage of unmet need paid by that department to recipients of Aid for Families with Dependent Children, from 90% to 88%. We reverse.

The New Mexico legislature delegated to the Department of Health and Social Services the authority to make rules and regulations governing the dispersing of funds...

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