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ALCALA v. BURNS

No. 73-1595.

494 F.2d 743 (1974)

Linda ALCALA, Individually and on behalf of all other persons similarly situated, Appellee, v. Kevin J. BURNS, Individually and in his capacity as Acting Commissioner of the State of Iowa Department of Social Services; and Michael Ryan, Individually and in his capacity as Director of the Scott County Department of Social Services, Appellants. Jane DOE and Joan Roe, Appellees, v. Kevin J. BURNS, Individually and in his capacity as Acting Commissioner of the State of Iowa Department of Social Services; and Michael Ryan, Individually and in his capacity as Director of the Scott County Department of Social Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1974.

Attorney(s) appearing for the Case

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

Robert Bartels, College of Law, The University of Iowa, Iowa City, Iowa, for appellees.

Robert S. Catz, Washington, D. C., Terrence J. Ferguson, Patrick A. Parenteau, Omaha, Neb., amicus curiae.

Before MATTHES, Senior Circuit Judge, HEANEY, Circuit Judge, and TALBOT SMITH Senior District Judge.

MATTHES, Senior Circuit Judge.

This appeal presents the question, much litigated in the district courts recently, whether an unborn child is a "dependent child" within the meaning of § 406(a) of the Social Security Act, 42 U.S.C. § 606(a), thus entitling the expectant mother to receive Aid to Families with Dependent Children (AFDC).

Defendants-appellants, Kevin J. Burns, Acting Commissioner of the State of Iowa Department of Social Services, and...

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