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CLIFFORD v. JANKLOW

No. 84-1149.

733 F.2d 534 (1984)

Linda CLIFFORD; Melvina Lesmeister and Pam Jones, 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 South Dakota Department of Social Services, and the Agents, Employees and Successors of the above, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Janice Godtland, Asst. Atty. Gen., Dept. of Social Services, Pierre, S.D., for appellants.

Black Hills Legal Services, Inc. by Mark Falk, Stephen C. Hoffman, Rapid City, S.D., for appellees.

Before HEANEY, ROSS and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Once again we are called upon to determine whether the State of South Dakota's method of distributing federal funds through its Low Income Energy Assistance Program (LIEAP) violates the Low-Income Home Energy Assistance Act of 1981 (LIHEAA), 42 U.S.C. §§ 8621-8629 (Supp. V 1981). In Crawford v. Janklow, 710 F.2d 1321, 1324 (8th Cir.1983), we affirmed the district court's injunction against the...

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