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D'EWART v. NEIBAUER

No. 86-566.

742 P.2d 1015 (1987)

Tina D'EWART, Plaintiff and Respondent, v. Nancy NEIBAUER, Director of Hill County Welfare Department, and David M. Lewis, Director of the Montana Department of Social and Rehabilitation Services, Defendants and Appellants.

Supreme Court of Montana.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Michael S. Becker, Dept. of SRS, Helena, David Rice, Hill Co. Atty., Havre, for defendants and appellants.

Steven L. Bunch, Montana Legal Services, Helena, for plaintiff and respondent.

WEBER, Justice.

Plaintiff Tina D'Ewart filed an action for declaratory judgment in the District Court of the Twelfth Judicial District, Hill County. The District Court held that § 46.10.512, ARM, was invalid as applied to the plaintiff, holding accrued but unpaid child care costs could be claimed as deductions from gross income when figuring AFDC payments. The Hill County Welfare Department and the Montana Department...

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