DOE v. GILLMAN

No. 72-1605.

479 F.2d 646 (1973)

Jane DOE, Individually and on behalf of her minor child, Jennifer, and on behalf of all others similarly situated, Appellees, v. James N. GILLMAN, Commissioner, State of Iowa, Department of Social Services, and Alva C. Edwards, Director of Clayton County Department of Social Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1973.

Rehearing Denied July 17, 1973.


Attorney(s) appearing for the Case

Lorna Lawhead Williams, Sp. Asst. Atty. Gen., Des Moines, Iowa, for appellants.

David H. Correll, Waterloo, Iowa, for appellees.

Before LAY and ROSS, Circuit Judges, and NICHOL, District Judge.


LAY, Circuit Judge.

Section 239.5 of the Iowa Code Ann. (1972) provides, inter alia:

"No payment for aid to dependent children shall be made unless and until the county board of social welfare, with the advice of the county attorney shall certify that the parent receiving the aid for the children is co-operating in legal actions and other efforts to obtain support money for said children from the persons legally responsible for said support."...

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