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WACHA v. KANDIYOHI CTY. WELFARE BD.

No. 45678.

242 N.W.2d 837 (1976)

Patricia WACHA, Appellant, v. KANDIYOHI COUNTY WELFARE BOARD, Respondent, Department of Public Welfare, State of Minnesota, Respondent.

Supreme Court of Minnesota.

May 21, 1976.

Attorney(s) appearing for the Case

Schmidt, Thompson, Lindstrom & Thompson, John E. Mack, Willmar, and Paul Onkka, St. Paul, for appellant.

Ronald H. Schneider, County Atty., David C. Lingren, Asst. County Atty, Willmar, for Kandiyohi County Welfare Bd.

Warren Spannaus, Atty. Gen., Thomas, L. Fabel, Deputy Atty. Gen., John H. Daniels, Jr., Sp. Asst. Atty. Gen., Dept. of Public Welfare, St. Paul, for Dept. of Pub. Welfare.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, KELLY, TODD, YETKA, and BREUNIG, JJ., and considered and decided by the court en banc.

PER CURIAM.

Petitioner, Patricia Wacha, appeals from an order of the district court affirming a ruling of the commissioner of public welfare that her state and Federal income tax refunds of $466 received in 1974 be used to reduce the amount of her welfare grant. This case presents two issues: (1) Whether income tax refunds constitute income which must be used by a recipient of Aid to Families with Dependent Children (AFDC) to meet current needs; and (2) whether Public...

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