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OLDHAM v. EHRLICH

No. 79-1938.

617 F.2d 163 (1980)

Dianne OLDHAM, on behalf of herself, her minor children, and all other persons similarly situated, Appellants, and Annie Dillard, on behalf of herself, her minor children, and all other persons similarly situated, Intervening Appellants, v. Eldin J. EHRLICH, Individually and in his capacity as Director of the Nebraska State Department of Public Welfare; and Alan H. Ihms, Individually and in his capacity as Assistant Director of the Nebraska State Department of Public Welfare, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1980.

Attorney(s) appearing for the Case

John B. Milligan, Lincoln, Neb., for appellant.

Paul L. Douglas, Atty. Gen. and Royce N. Harper, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before BRIGHT, STEPHENSON and McMILLIAN, Circuit Judges.

STEPHENSON, Circuit Judge.

Invoking 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, welfare recipients challenged a Nebraska regulation on the basis that it conflicted with the Social Security Act and violated the Due Process Clause. The district court1 ultimately held that although the regulation was invalid on both statutory and constitutional grounds, the defendants — Nebraska welfare officials...

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