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NEWBY v. JOHNSTON

No. 81-1308.

681 F.2d 1012 (1982)

Kathleen NEWBY, etc., Plaintiff-Appellant, and Laura Cook, Intervenor-Appellant, v. Marlin JOHNSTON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 5, 1982.

Attorney(s) appearing for the Case

James W. Piper, Freddy J. Fuchs, Austin, Tex., for plaintiff-appellant.

Martha H. Allan, Asst. Atty. Gen., Austin, Tex., for Chapman, Moore, Bray & Jimenez.

Anne Sobol, Anthony J. Steinmeyer, Bruce G. Forrest, Appellate Staff, U. S. Dept. of Justice, Washington, D. C., for Pierce, et al.

Before THORNBERRY, REAVLEY and RANDALL, Circuit Judges.

THORNBERRY, Circuit Judge:

At the time this action was filed, plaintiff Kathleen Newby received benefits under two cooperative federal-state welfare programs: the Federal Section 8 Housing Assistance Payments Program (Section 8) and Aid to Families with Dependent Children (AFDC). Under the Texas AFDC program, plaintiff's AFDC benefits were reduced by the amount of her Section 8 cash allowance for utilities, so plaintiff filed suit against various federal, state, and...

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