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CRAWFORD v. JANKLOW

No. 83-1298.

710 F.2d 1321 (1983)

Jacqueline A. CRAWFORD and Nancy L. Emerson, on behalf of themselves and all others similarly situated, Appellees, v. William JANKLOW, Governor of the State of South Dakota and James Ellenbecker, Secretary of the South Dakota Department of Social Services and the Agents, Employees and Successors of the above, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Janice Godtland, Asst. Atty. Gen., Dept. of Social Services, Legal Services, Brent Wilbur, May, Adam, Gerdes & Thompson, Pierre, S.D., for appellants.

Black Hills Legal Services, Inc. by Mark Falk, Dennis Whetzal, Rapid City, S.D., for appellees.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

In August of 1981, Congress passed the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621-8629 (Supp. V 1981), as Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Pub.L. No. 97-35, 95 Stat. 357 (1981). This federal home energy assistance legislation provided for block grant funds available to states making proper application therefor. The State of South Dakota received such a grant and devised the Low-Income...

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