MEDBERRY v. HEGSTROM

No. 84-3866.

786 F.2d 1389 (1986)

Marilyn MEDBERRY, et al., Plaintiffs-Appellants, v. Leo HEGSTROM, Director of Human Resources, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission October 2, 1985.

Resubmitted April 14, 1986.

Decided April 14, 1986.


Attorney(s) appearing for the Case

Angela Sherbo, Portland, Or., for plaintiffs-appellants.

Michael Reynolds, Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Before KILKENNY and FLETCHER, Circuit Judges, and WEIGEL, District Judge.


FLETCHER, Circuit Judge:

Appellants, recipients of Aid to Families with Dependent Children (AFDC), appeal from the district court's grant of summary judgment upholding the State of Oregon's method of determining the period of ineligibility for payments following receipt of nonrecurring lump sum income. Because the method used is inconsistent with the applicable federal regulation, we reverse.

BACKGROUND

The State of Oregon, through its Adult and...

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