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COM. OF VA. EX REL. COLEMAN v. CALIFANO

No. 79-1388.

631 F.2d 324 (1980)

COMMONWEALTH OF VIRGINIA ex rel., Marshall COLEMAN, Attorney General; Commonwealth of Virginia; Virginia Department of Welfare, Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare; Don I. Wortman, Acting Commissioner, Social Security Administration; Barry Van Lare, Associate Commissioner, Office of Family Assistance; James F. Mellody, Principal Regional Official; Rose M. Lepore, Regional Commissioner, Social Security Administration, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1980.

Attorney(s) appearing for the Case

Robert W. Jaspen, Asst. U. S. Atty., Richmond, Va. (Justin W. Williams, U. S. Atty., Richmond, Va., on brief), for appellants.

Gregory M. Luce, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., James E. Ryan, Jr., Deputy Atty. Gen., John A. Rupp, Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

The State of Virginia sought to amend its plan which implements its Aid to Families with Dependent Children (AFDC) program.1 The Department of Health, Education, and Welfare (HEW) denied approval of the proposed amendment. The merits of this case concern what procedural safeguards a State is entitled to under applicable statutes and regulations when it seeks review of HEW's decision denying approval.

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