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STATE OF MINN. BY HUMPHREY v. HECKLER

No. 83-2212.

739 F.2d 370 (1984)

STATE OF MINNESOTA, by its Attorney General, Hubert H. HUMPHREY, III, and Leonard W. Levine, the Commissioner of Public Welfare, and Joyce Thul, Petitioners, v. Margaret HECKLER, in her official capacity as Secretary of the United States Department of Health & Human Services, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1984.

Attorney(s) appearing for the Case

Eric S. Janus, Law Offices of the Legal Aid Soc. of Minneapolis, Inc., Minneapolis, Minn., for petitioner Joyce Thul.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., James E. Lackner, Mary Ann Bernard, Sp. Asst. Attys. Gen., St. Paul, Minn., for petitioner State of Minn.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, John B. Watson, Chief of Assistance Payments Litigation, Gwenda Jones Kelley, Atty., Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., for respondent.

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

LAY, Chief Judge.

This petition for review is brought by the State of Minnesota, challenging the Secretary's disapproval of the State's proposed modification to its standard of need and level of benefits affecting recipients with earned income under its administration of the Aid to Families with Dependent Children Program (AFDC). In 1981 Congress passed the Omnibus Budget Reconciliation Act (OBRA), amending the treatment...

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