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LARGO v. SUNN

No. 87-1748.

835 F.2d 205 (1987)

Malladene LARGO, Plaintiff-Appellant, v. Franklin SUNN, individually and in his official capacity as Director of the Department of Social Services and Housing, State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1987.

Attorney(s) appearing for the Case

John Ishihara, Legal Aid Society of Hawaii, Honolulu, Hawaii, for plaintiff-appellant.

Thomas D. Farrell, Deputy Atty. Gen., Honolulu, Hawaii, for defendant-third party plaintiff-appellee.

Janet Isak Hawley, HHS, Family Support and Human Development Services Div., Washington, D.C., for appellee-third party defendant.

Michael Chun, U.S. Atty. Gen., Honolulu, Hawaii, for third-party defendant-appellee.

Before BROWNING, WRIGHT, and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We must decide whether 42 U.S.C. § 602(a)(18) (Supp.III 1985) prohibits a state from determining eligibility for aid to families with dependent children on the basis of a standard of need that may vary among families of the same composition.

I.

Under Hawaii's Department of Social Services and Housing (DSSH) Aid to Families with Dependent Children (AFDC) plan, qualifying recipients are eligible for AFDC benefits...

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