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MOWER CTY. WEL. BD. v. STATE, DEPT. OF PUB. W.

No. 46165.

261 N.W.2d 578 (1977)

MOWER COUNTY WELFARE BOARD, Respondent, v. STATE of Minnesota, DEPARTMENT OF PUBLIC WELFARE, Appellant, Phyllis Leeper, Respondent.

Supreme Court of Minnesota.

September 23, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Michael R. Saeger, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Wallace C. Sieh, County Atty., Austin, for Mower Co. Welfare Bd.

Phyllis Leeper, pro se.

Considered and decided by the court en banc.

PER CURIAM.

This is an appeal from an order of the district court of Mower County reversing an order of the commissioner of public welfare which directed the Mower County Welfare Board to assume the payment of medical expenses for an elective nontherapeutic first-trimester abortion performed on a patient who was an AFDC recipient.

The issue presented is whether or not existing regulations of the Department of Public Welfare of the State of Minnesota compel...

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