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TORNER BY TORNER v. STATE

No. 86-183.

399 N.W.2d 381 (1987)

Bernice S. TORNER, by Her Next Friend, William V. TORNER, Appellee, v. STATE of Iowa, Iowa Department of Social Services, Michael V. Reagen (Commissioner of the Iowa Department of Social Services), Michael J. Wiedman, Rayona Roszell, and Black Hawk County Department of Social Services, Appellants.

Supreme Court of Iowa.

January 14, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Sp. Asst. Atty. Gen., and Candy Morgan, Asst. Atty. Gen., for appellants.

Stephen D. Lombardi of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellee.

Considered by McGIVERIN, P.J., and LARSON, SCHULTZ, CARTER and NEUMAN, JJ.

McGIVERIN, Justice.

Bernice Torner, by her next friend and husband William Torner, petitioned for judicial review of the decision of the respondent Iowa Department of Social Services declaring Bernice ineligible for continued Title XIX1 Medicaid benefits because her income was too high. The district court ruled that an Iowa administrative rule governing the diversion of her income violated the federal statutory scheme and the due process...

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