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SWASEY v. WHALEN

Nos. 77-1057, 77-1067.

562 F.2d 831 (1977)

Debra SWASEY et al., Plaintiffs, Appellees, v. Robert WHALEN, Commissioner of the New Hampshire Department of Health and Welfare, Defendant, Appellee, Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, Defendant, Appellant. Debra SWASEY et al., Plaintiffs, Appellees, v. Robert WHALEN, Commissioner of the New Hampshire Department of Health and Welfare, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 16, 1977.

Attorney(s) appearing for the Case

Donald Etra, Atty., Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William J. Deachman, U. S. Atty., Concord, N. H., and William Kanter, Atty., Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., were on brief for Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, Washington, D. C., appellant.

James C. Sargent, Jr., Asst. Atty. Gen., Concord, N. H., with whom David H. Souter, Atty. Gen., Concord, N. H., was on brief, for Robert Whalen, etc., appellants.

Henry A. Freedman, New York City, with whom Mary R. Mannix, New York City, and Charles D. Burkam, Manchester, N. H., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, DOOLING, District Judge.

DOOLING, District Judge.

Title IV A of the Social Security Act, 42 U.S.C. §§ 601 et seq., by subdivision (7) of Section 602(a) requires state plans for aid to families with dependent children (AFDC) to provide that "in determining need" for assistance payments the state agency shall "take into consideration any other income and resources" of any relative claiming aid, except that the plan must also

"(8) provide that, in making the determination...

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