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EMILY v. MISSOURI STATE DIV. OF FAM. SERV.

No. KCD 29741.

570 S.W.2d 783 (1978)

Catherine EMILY, Appellant, v. MISSOURI STATE DIVISION OF FAMILY SERVICES, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 28, 1978.

Application to Transfer Denied October 10, 1978.

Attorney(s) appearing for the Case

Effie F. Day, James M. Smith, Legal Aid of Western Missouri, Kansas City, for appellant.

Robert R. Northcutt, Paul T. Keller, Division of Family Services, Jefferson City, for respondent.

Before SHANGLER, P. J., SWOFFORD, C. J., and WASSERSTROM, J.

SHANGLER, Presiding Judge.

The claimant Emily appeals from a judgment which affirms the decision of the Missouri State Division of Family Services to deny general relief and medical assistance benefits for August of 1976. The benefits were denied on the basis of Division Rule and Regulation 40-2.070(1) [now codified at 13 C.S.R. 40-2.070]:

General Relief shall not be granted to employable persons or to persons...

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