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NOLAN v. de BACA

No. 78-1061.

603 F.2d 810 (1979)

Jacqueline NOLAN, on Behalf of Herself and on Behalf of her Minor Children, Daniel Schmitz, Deborah Schmitz and Dwayne Schmitz, Appellee, v. Fernando C. de BACA, Individually, and as Executive Director, New Mexico Department of Health and Social Services, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 13, 1979.

Attorney(s) appearing for the Case

Gordon L. Bergman, Asst. Atty. Gen., Legal Services Bureau, Dept. of Human Services, Santa Fe, N. M., for appellant.

Joseph Goldberg, Albuquerque, N. M. (Helene Simson, Albuquerque, N. M., with him on the briefs), for appellee.

Before SETH, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.

PER CURIAM.

This appeal raises the issue of preemption of a state regulation for the Aid to Families with Dependent Children (AFDC) program by a federal statute and regulation. The plaintiff brought suit to enjoin New Mexico's Health and Social Services Department from enforcing the provisions of a Department regulation which sought to apply some of New Mexico's community property law concepts to the AFDC program. The trial court found the state community property...

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