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OWENS v. HECKLER

No. 84-1104.

753 F.2d 675 (1985)

Shelly OWENS, on behalf of herself and all other persons similarly situated, Appellees, v. Margaret M. HECKLER, in her official capacity as Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1985.

Attorney(s) appearing for the Case

Frances Reddis (argued), Kansas City, Mo., Christopher D. Hagen, Asst. U.S. Atty., Des Moines, Iowa, for appellant.

Diane Brazen (argued), Univ. of Iowa School of Law and Susan B. Keith, Waterloo, Iowa, for appellees.

Before LAY, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

LAY, Chief Judge.

The Secretary of the Department of Health and Human Services (HHS) appeals from the district court's1 judgment ruling that the Secretary's policy of reducing a family's Aid to Families with Dependent Children (AFDC) grant, 42 U.S.C. §§ 601 et seq. (1982), by the amount of Old Age, Survivors, and Disability Insurance (OASDI) extended student benefits,

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