DICKENSON v. PETIT

No. 83-1676.

728 F.2d 23 (1984)

Brenda DICKENSON, et al., Plaintiffs, Appellants, v. Michael PETIT, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 1984.


Attorney(s) appearing for the Case

Kathleen C. Caldwell, Bangor, Me., with whom Solomon S. Goldman, Hugh H. Calkins, Dover Foxcroft, Me., Robert E. Mittel and Mittel & Hefferan, Portland, Me., were on brief, for plaintiffs, appellants.

Katherine Greason, Asst. Atty. Gen., Dept. of Human Services, Legal Div., Augusta, Me., with whom James E. Tierney, Atty. Gen., Augusta, Me., was on brief, for Michael Petit, etc.

Joyce Elise McCourt, Asst. Regional Atty., Dept. of Health and Human Services, Washington, D.C., with whom Richard S. Cohen, U.S. Atty., Portland, Me., and William H. Browder, Jr., Asst. U.S. Atty., Bangor, Me., were on brief, for Richard S. Schweiker.

Before CAMPBELL, Chief Judge, ALDRICH, Circuit Judge, and PETTINE, Senior District Judge.


BAILEY ALDRICH, Senior Circuit Judge.

In this class action on behalf of recipients of Aid to Families with Dependent Children (AFDC), 42 U.S.C. §§ 601 et seq., plaintiffs claim they have been denied benefits because the Secretary, in measuring "income" in connection with eligibility, 42 U.S.C. § 602(a)(7), looks to wages before withholding, rather than to take-home pay; contending, in effect, that the $75. statutory work expense "disregard,"...

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