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FAUGHT v. HECKLER

No. 83-2609.

736 F.2d 1235 (1984)

Linda FAUGHT, on behalf of herself and all other persons similarly situated, Appellant, v. Margaret HECKLER, Secretary of Health & Human Services, Appellee, Michael V. Reagen, Commissioner IA Dept. of Social Services, Roger Herr, Chief, Bureau of Financial Assistance, IA Dept. of Social Services. Peggy McCLURG, Appellant, v. Michael V. REAGEN, Roger Herr, Iowa Department of Social Services Officers, Margaret Heckler, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1984.

Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Richard C. Turner, U.S. Atty., Des Moines, Iowa, Robert S. Greenspan, Marleigh D. Dover, Dept. of Justice, Civil Div., Washington, D.C., for appellee.

Carroll L. Lucht, Jacqueline Miller, Student Legal Intern, Civil Litigation Clinic, College of Law, University of Iowa, Iowa City, Iowa, for appellants.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.

LAY, Chief Judge.

Plaintiffs are recipients of federal aid under the Aid to Families with Dependent Children (AFDC) program in Iowa who have had, or will have, their AFDC benefits temporarily terminated due to receipt of a lump-sum payment during a month in which they had no earned income. 42 U.S.C. § 602(a)(17). The sole issue presented is whether the lump-sum rule applies to all AFDC recipients or, as the plaintiffs assert, only to those with earned income...

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