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CHILDRESS v. BOWEN

Nos. 86-1514, 86-1529, 86-1941 and 86-2005.

833 F.2d 231 (1987)

Contessa CHILDRESS, et al., Plaintiffs-Appellants/Cross-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee/Cross-Appellant, and Ruben A. Valdez, Director, Colorado Department of Social Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 12, 1987.

Attorney(s) appearing for the Case

R. Eric Solem, Pikes Peak Legal Services, Colorado Springs, Colo. (Brian Patrick Lawlor, Colorado Rural Legal Services, Denver, Colo., and Jacquelyn J. Higinbotham, Colorado Rural Legal Services, Fort Morgan, Colo., with him on the briefs), for plaintiffs-appellants/cross-appellees.

James R. Cage, Asst. U.S. Atty., D.Colo. (Robert N. Miller, U.S. Atty. for D.Colo., Ronald S. Luedemann, Chief Counsel, Region VIII, and Jay A. Swope, Asst. Regional Counsel, Dept. of Health and Human Services, Denver, Colo., of counsel, with him on the briefs), for defendant-appellee/cross-appellant Otis R. Bowen.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Vivianne Chaumont Oates, Asst. Atty. Gen., Human Resources Section, Denver, Colo., on the brief for defendant-appellee Ruben A. Valdez.

Before McKAY and SEYMOUR, Circuit Judges, and SAFFELS, District Judge.

McKAY, Circuit Judge.

In an effort to reduce the federal deficit, Congress enacted the Deficit Reduction Act of 1984, Pub.L. No. 98-369 § 2640, 98 Stat. 494, 1145 (1984). Section 2640 amends the eligibility requirements for persons claiming benefits under the Aid to Families with Dependent Children (AFDC) program established by Title IV-A of the Social Security Act, 42 U.S.C. §§ 601 et seq. (1982). As amended, Title IV-A requires the Secretary...

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