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DAVIS v. LUKHARD

Nos. 84-2059, 85-1447.

788 F.2d 973 (1986)

Jacqueline DAVIS, Mary E. Spencer, Patricia De Franzo, and Peggy Staton, on behalf of themselves and all others similarly situated, Appellants, v. William L. LUKHARD, individually and in his capacity as Commissioner of the Virginia Department of Social Services, and Margaret M. Heckler, Secretary of the Department of Health and Human Services, Appellees. Peggy STATON, Ethel Shepard, and Alberta Shields, on behalf of themselves and all others similarly situated, Appellants, v. William L. LUKHARD, individually and in his capacity as Commissioner of the Virginia Department of Social Services, and Margaret M. Heckler, individually and in her capacity as the Secretary of the Department of Health and Human Services, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1986.

Rehearing and Rehearing Denied May 5, 1986.

Attorney(s) appearing for the Case

Edward M. Wayland, Charlottesville, Va. (Charlottesville-Albemarle Legal Aid Society, James S. Ellenson, Newport News, Va., Legal Aid Center for the Eastern Shore of Virginia, Martin Wegbreit, Conway, S.C., Client Centered Legal Services of Southwest Virginia, Inc., Jill A. Hanken, Charleston, S.C., Virginia Poverty Law Center, on brief), for appellants.

Robert W. Jaspen, Asst. U.S. Atty., John A. Rupp, Richmond, Va. (Gerald Baliles, Atty. Gen., Thomas J. Czelusta, Asst. Atty. Gen., Richmond, Va., Elsie L. Munsell, U.S. Atty., Alexandria, Va., James C. Newman, Acting Regional Atty., Diane C. Moskal, Asst. Regional Atty., Philadelphia, Pa., on brief), for appellees.

Before WIDENER, CHAPMAN and SNEEDEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 5, 1986.

WIDENER, Circuit Judge:

These appeals involve the propriety of the district court's interpretations of certain recent amendments to the Aid to Dependent Children (ADC) program. In Davis, the district court decided that in passing the Omnibus Budget Reform Act of 1981, Congress intended that every resource owned by a family receiving aid under the program, regardless of any particular resource's actual...

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