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WILCOX v. IVES

No. 88-1371.

864 F.2d 915 (1988)

Gloria WILCOX, et al., Plaintiffs, Appellees, v. H. Rollin IVES, et al., Defendants, Appellees. Appeal of SECRETARY of HEALTH and HUMAN SERVICES, Defendant.

United States Court of Appeals, First Circuit.

Decided December 20, 1988.

As Amended December 20, 1988.

Attorney(s) appearing for the Case

Joyce Elise McCourt, Asst. Regional Counsel, with whom Richard S. Cohen, U.S. Atty., Portland, Me., and David R. Collins, Asst. U.S. Atty., Washington, D.C., were on brief, for defendant.

Thomas H. Kelley with whom Mary Henderson, Pine Tree Legal Assistance, Inc., Robert E. Mittel and Mittel & Hefferan, Portland, Me., were on brief, for plaintiffs, appellees.

Christopher C. Leighton, Asst. Atty. Gen., and James E. Tierney, Atty. Gen., on brief, for defendants, appellees.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

The Secretary of the United States Department of Health and Human Services (HHS) appeals an order of the district court which held that HHS regulation 45 C.F.R. § 302.51 was invalid because it impermissibly contradicted 42 U.S.C. § 657(b)(1) by prohibiting the Maine Department of Human Services (DHS) from making multiple pass-through payments to recipients of Aid To Families With Dependent Children (AFDC) when the state DHS receives...

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