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CARR v. SAUCIER

No. 77-2915. Summary Calendar.

582 F.2d 14 (1978)

Herbert CARR and Retha Carr etc., Plaintiffs-Appellants, v. Herschell SAUCIER, etc. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 11, 1978.

Attorney(s) appearing for the Case

Richard K. Greenstein, Myron N. Kramer, Jay E. Loeb, Alden C. Harrington, Michael H. Terry, Atlanta, Ga., for plaintiffs-appellants.

Arthur K. Bolton, Atty. Gen., Dallas P. Jankowski, Michael J. Bowers, Asst. Attys. Gen., Atlanta, Ga., for defendants-appellees.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

On June 7, 1972, appellants Herbert and Retha Carr brought a class action suit against the administrators of the Georgia Program for Assistance to the Aged, Blind, and Disabled (AABD). The Carrs claimed that a provision of the program counting "lump sum" social security payments as income for the purposes of determining the amount of assistance provided was inconsistent with 45 C.F.R. § 233.20, a federal regulation governing income determination in...

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