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CUNNINGHAM v. TOAN

No. 83-1820.

728 F.2d 1101 (1984)

Lucinda CUNNINGHAM, through her next friend, Isabel Conner, individually and on behalf of all others similarly situated, Appellee, v. Barrett TOAN, Director, Missouri Department of Social Services and James Moody, Director, Missouri Division of Family Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1984.

Attorney(s) appearing for the Case

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

Paul T. Keller, Dept. of Social Services, General Counsel Div., Jefferson City, Mo., for appellants.

Richard Chase, Legal Services of Eastern Mo., Inc., St. Louis, Mo., for appellee.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Appellants, public officials responsible for the administration of the Aid to Families with Dependent Children (AFDC) program in Missouri, appeal from a final order entered in the District Court1 for the Western District of Missouri granting appellee's motion for summary judgment and permanently enjoining the state's practice of automatically regarding a minor parent's Old Age, Survivor and Disability Insurance...

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