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PORTER v. SCHWEIKER

Civ. No. 4-81-651.

527 F.Supp. 150 (1981)

Jody PORTER, On Behalf of Herself and Others Similarly Situated, Plaintiff, v. Richard S. SCHWEIKER, In His Official Capacity as Secretary of the Department of Health and Human Services, and Arthur Noot, in his Official Capacity as Commissioner of the Minnesota Department of Public Welfare, Defendants.

United States District Court, D. Minnesota, Fourth Division.

October 29, 1981.

Attorney(s) appearing for the Case

The Legal Aid Society of Minneapolis, Inc. by Laurie Davison, Minneapolis, Minn., for plaintiff.

Linda L. Cromwell, Atty. Dept. of Justice, Civ. Div., Washington, D. C., for Federal defendant.

Warren Spannaus, Atty. Gen., State of Minnesota by Beverly Jones Heydinger, Sp. Asst. Atty. Gen., St. Paul, Minn., for State defendant.

ORDER

MILES W. LORD, Chief Judge.

The plaintiff brought an action on behalf of herself and others similarly situated to restrain the defendant Noot from utilizing a new recoupment policy for the collection of AFDC benefit overpayments. The defendant Noot originally contended that the new recoupment policy implemented on October 1, 1981, was mandated by a new federal law on the subject, Section 2318 of P.L. 97-35. However, after the defendant Schweiker filed...

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