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SLAUGHTER v. LEVINE

Nos. 85-5143, 85-5437.

855 F.2d 553 (1988)

Sharon SLAUGHTER on Behalf of herself and her minor child, Toni Slaughter; Helen Stewart; Jennifer Ayers; and Kathryn Jenkins, Appellees, v. Leonard LEVINE, in his capacity as Commissioner of the Minnesota Department of Public Welfare, Appellant. Kathryn JENKINS, Appellant, v. Leonard LEVINE, in his capacity as Commissioner of the Minnesota Department of Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1988.

Attorney(s) appearing for the Case

Beverly Jones Heydinger, St. Paul, Minn., current attorney is John L. Kirwin, Asst. Atty. Gen., St. Paul, Minn., for appellant.

Mary G. Grau, Minneapolis, Minn., current attorney is Laurie Davison, Minneapolis, Minn., for appellees.

Before ARNOLD and FAGG, Circuit Judges, and TIMBERS, Senior Circuit Judge.

PER CURIAM.

This case is before us on remand from the Supreme Court of the United States. Gardebring v. Jenkins, ___ U.S. ___, 108 S.Ct. 1306, 99 L.Ed.2d 515 (1988). The Supreme Court, reversing this Court, has decided the claim based on departmental regulations. A constitutional issue, arising under the Due Process Clause of the Fifth Amendment, remains in the case.

In response to our show-cause order of July...

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