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CUNNINGHAM THROUGH CONNER v. TOAN

No. 83-1820.

762 F.2d 63 (1985)

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 May 9, 1985.

Attorney(s) appearing for the Case

Paul T. Keller, Jefferson City, Mo., for appellants.

Richard Chase, St. Louis, Mo., for appellee.

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

McMILLIAN, Circuit Judge.

In Cunningham v. Toan, 728 F.2d 1101, 1103 (8th Cir.1984), we affirmed an order entered by the District Court for the Western District of Missouri which enjoined state officials from counting Old Age, Survivors and Disability Insurance (OASDI) benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq., paid to a representative payee as income available to the OASDI beneficiary...

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