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TODD v. NORMAN

No. 87-1251.

840 F.2d 608 (1988)

Elizabeth TODD and Sara Starr, Individually and on behalf of all other persons similarly situated, Appellants, v. Nancy A. NORMAN, Commissioner, Iowa Department of Human Services and Otis R. Bowen, Secretary, United States Department of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1988.

Rehearing and Rehearing Denied May 20, 1988.

Attorney(s) appearing for the Case

John S. Allen, Des Moines, Iowa, for appellants.

Daniel W. Hart, Asst. Atty. Gen., Des Moines, Iowa, and Robert E. Keith, Washington, D.C., for appellees.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 20, 1988.

MAGILL, Circuit Judge.

This appeal raises the question whether Social Security Child's Insurance Benefits ("Child's Insurance Benefits") paid pursuant to 42 U.S.C. § 402(d) are "child support payments" within the meaning of 42 U.S.C. § 602(a)(8)(A)(vi) (the "child support disregard").

I. BACKGROUND.

Elizabeth Todd and Sarah Starr ("appellants") are recipients of Child's Insurance...

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