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DEEL v. LUKHARD

No. 86-1693.

830 F.2d 1283 (1987)

Anna R. DEEL; Onnie Dale Adcock, on her own behalf and as mother and next friend of Tamatha Adcock and Patricia Adcock, Plaintiffs-Appellants, v. William L. LUKHARD, Commissioner of Virginia Department of Social Services; Otis R. Bowen, Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1987.

Attorney(s) appearing for the Case

Margaret Tuttle Schenck (Martin Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., on brief), for plaintiffs-appellants.

Thomas James Czelusta, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Va., on brief), Javier Arrastia (Beverly Dennis, III, Office of the Gen. Counsel, Dept. of Health & Human Services, John Alderman, E. Montgomery Tucker, on brief), for defendants-appellees.

Before ERVIN and WILKINSON, Circuit Judges, and MOTZ, United States District Judge for the District of Maryland, sitting by designation.

ERVIN, Circuit Judge:

Plaintiffs Anna R. Deel and Onnie Dale Adcock appeal the district court's grant of summary judgment in favor of the defendants in this case challenging Virginia's administration of the Aid to Families with Dependent Children program. Because we find that the plaintiffs were entitled to judgment as a matter of law on their cross-motion for summary judgment, we reverse the decision of the district court.

I.

Anna R. Deel and Onnie...

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