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VANCE v. HEGSTROM

Nos. 85-4050, 85-4065.

793 F.2d 1018 (1986)

Marjorie VANCE, on her own behalf and as Next Friend of Linda Barteau, her minor child, and Susan Turner, on her own behalf and as Next Friend of Shane Turner, her minor child, and All Others Similarly Situated; Appellees, v. Leo HEGSTROM, Individually and in his Official Capacity as Director of the Department of Human Resources of the State of Oregon; and Keith Putman, Individually and in his Official Capacity as Director of the Adult and Family Services Division of Department of Human Resources of the State of Oregon; and Otis R. Bowen, Individually and in his Official Capacity as Secretary of the Department of Health and Human Services of the United States of America; Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1986.

As Corrected July 2, 1986.

Attorney(s) appearing for the Case

Roger A. Schwartz, National Health Law Review, Washington, D.C., for appellees.

Philip Schradle, Salem, Or., for Hegstrom.

William J. McIntyre, Seattle, Wash., for Heckler.

Before ALARCON, REINHARDT and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge:

State appellants Hegstrom and Putnam (No. 85-4050) and federal appellant Secretary of Health and Human Services Bowen (No. 85-4065) appeal the district court's order granting summary judgment in favor of appellees. 629 F.Supp. 747. The sole issue on appeal is whether sibling income, which a state must include in computing income available to a family to determine AFDC eligibility under 42 U.S.C. §...

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